`18143
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`C. A. No.: 18-924-CFC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` )
`
`
`
`GENENTECH, INC. and CITY OF HOPE
`
`
`
`
`
`
`Plaintiffs,
`
`v.
`
`
`AMGEN INC.
`
`
`
`
`
`
`Defendant.
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`
`[PROPOSED] ORDER
`
`
`
`
`AND NOW, this __________ day of ____________________, 2019, having considered
`
`Amgen Inc.’s discovery dispute letter in C.A. No. 18-924 seeking to compel production of
`
`certain licensing and settlement agreements, related documents, and Rule 30(b)(6) testimony
`
`related thereto (D.I. 191) (the “Motion to Compel”) and the responses thereto, and having held a
`
`discovery conference on May 16, 2019 regarding the same;
`
`
`
`IT IS HEREBY ORDERED that Amgen’s Motion to Compel is GRANTED-IN-PART
`
`AND DENIED-IN-PART WITHOUT PREJUDICE. Genentech, Inc. (“Genentech”) shall
`
`produce licensing and/or settlement agreements resolving 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
`
`e. Mylan Pharmaceuticals Inc. v. Genentech, Inc., IPR 2016-01694.
`
`
`ME1 30508642v.1
`
`1
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 225 Filed 05/23/19 Page 2 of 2 PageID #:
`18144
`
`
`
`While Genentech may redact the agreed-upon launch dates and confidential terms that are not
`
`relevant to the consideration for the licenses, Genentech may not redact any other terms of the
`
`licensing and/or settlement agreements that have any relevance to the value placed upon any of
`
`the patents implicated therein, including but not limited to royalties, lump sum payments, or any
`
`other consideration identified in the agreements. See Hearing Tr. (May 16, 2019) at 67-77.
`
`
`
`The Motion to Compel with respect to Amgen’s Inc.’s Request for Production Nos. 27,
`
`31, 32, and 65 and Rule 30(b)(6) Topic Nos. 29 and 30 is DENIED WITHOUT PREJUDICE.
`
`
`
`
`
`___________________________
`United States District Judge
`
`
`ME1 30508642v.1
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
