`
`Case 1:18-cv-01363-CFC Document132
`14508
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`Filed 05/10/19
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`Page 1 of 50 PagelD #:
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`GENENTECH,INC.,
`
`Plaintiff and Counterclaim
`Defendant,
`
`y
`
`SAMSUNGBIOEPIS CO., LTD.,
`
`C.A. No. 18-1363-CFC
`
`FILED UNDER SEAL
`
`Defendant and Counterclaim
`Plaintiff,
`
`
`NOTICE OF SUBPOENA DIRECTED TO SIGMA-ALDRICH CORP.
`
`PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 26, 30, 34, and 45, Plaintiff
`
`Genentech, Inc. will cause the attached Subpoenato Testify at a Deposition in a Civil Action to be
`
`served on Sigma-Aldrich Corp. The deposition will commence on May 13, 2019, at 9:00 a.m. at
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`The Westin St. Louis, 811 Spruce Street, St. Louis, MO 63102, or at such other time and place as
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`may be agreed to by the parties. The deposition will continue from day-to-day until completed,
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`with such adjournments as to time and place as may be necessary. The deposition will be taken
`
`before a Notary Public or other officer authorized by law to administer oaths, and the testimony
`
`will be recorded stenographically and by video and LiveNote. The deposition will be taken for
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`the purposes of discovery, for use at trial in this matter, and for any other purpose permitted under
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`the Federal Rules of Civil Procedure and the Local Rules of this Court.
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`Documents are to be produced for inspection or copying at The Westin St. Louis, 811
`
`Spruce Street, St. Louis, MO 63102, on May 13, 2019, at 9:00 a.m.
`
`

`

`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document 132
`14509
`
`Page 2 of 50 PagelD #:
`
`/s/ Jason J. Rawnsley
`Frederick L. Cottrell, I(#2555)
`Jason J. Rawnsley (#5379)
`Alexandra M. Ewing (#6407)
`RICHARDS, LAYTON & FINGER,P.A.
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`cottrell@rlficom
`rawnsley@rlf.com
`ewing@rlf.com
`
`Counselfor Plaintiff Genentech, Inc.
`
`
`
`
`
`
`
`
`
`
`Of Counsel.
`
`William F. Lee
`Lisa J. Pirozzolo
`Emily R. Whelan
`Kevin S. Prussia
`Andrew J. Danford
`Timothy A. Cook
`Stephanie Neely
`WILMER CUTLER PICKERING HALE AND DORR
`LLP
`
`60 State Street
`Baston, MA 02109
`
`Robert J. Gunther Jr.
`WILMER CUTLER PICKERING HALE AND DORR
`LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`
`Robert M. Galvin
`WILMER CUTLER PICKERING HALE AND DORR
`LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Nora Q.E. Passamaneck
`WILMER CUTLER PICKERING HALE AND DORR
`LLP
`1225 17th Street
`Suite 2600
`Denver, CO 80202
`
`Nancy Lynn Schroeder
`WILMER CUTLER PICKERING HALE AND DORR
`LLP
`3450 South Grand Avenue, Suite 2100
`Los Angeles, CA 90071
`Daralyn J. Durie
`Adam R. Brausa
`DURIE TANGRI LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`Dated: May 3, 2019
`
`

`

`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14510
`
`Page 3 of 50 PagelD #:
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`CERTIFICATE OF SERVICE
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`[ hereby certify that on May 3, 2019, I electronically filed the foregoing documentwith the Clerk
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`of Court using CM/ECEF,which will! send notification of such filing to counsel of record, and have
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`served true and correct copies by electronic mail on the following:
`
`VIA EMAIL:
`David Moore
`Bindu Ann Palapura
`POTTER ANDERSON CORROON LLP
`1313 North Market Street, 6th Floor
`Wilmington, Delaware 19801
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`
`VIA EMAIL:
`Amit Thakore
`Dimitrios T. Drivas
`Holly Tao
`Scott T. Weingaertner
`John P. Padro
`WHITE & CASE LLP
`1221 Avenue of the Americas
`New York, New York 10020-1095
`athakore(@whitecase.com
`ddrivas(@whitecase.com
`holly.tao@whitecase.com
`sweingaertner@whitecase.com
`jpadro@whitecase.com
`
`/s/ Jason J. Rawnsley
`Jason J. Rawnsley (#5379)
`rawnsley@rlf.com
`
`
`
`
`
`
`
`

`

`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14511
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`Page 4 of 50 PagelD #:
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`ATTACHMENT
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`

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`Case 1:18-cv-01363-CFC Document132 Page5of 50 PagelD #:Filed 05/10/19
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`14512
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`
`
`AO 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`District of Delaware
`
`
`Genentech, Inc.
`Plaintiff
`Vv.
`
` Nmeeeeee
`
`Samsung Bioepis Co., Ltd.
`
`Defendant
`
`Civil Action No.
`
` 1:18-cv-1363-CFC
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`‘To:
`
`Sigma-Aldrich Corp., 3050 Spruce Street St. Louis, MO 63103
`c/o Corporation Service Co., 251 Little Falls Drive, Wilmington, DE 19808
`(Name ofperson to whomthis subpoenais directed)
`WTestimony: YOU ARE COMMANDEDto appearat the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you ate an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or
`those set forth in an attachment:
`See Schedule B.
`
`
`Place: The Westin St. Louis
`Date and Time:
`811 Spruce St, St. Louis, MO 63102
`
`05/13/2019 9:00 am
`
`
`
`
`
`The deposition will be recorded by this method:_Stenographic and videographic means
`WProduction: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material: See Schedule A.
`
`The following provisions of Fed. R. Civ. P. 45 are attached — Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena andthe potential consequences of not doing so.
`
`Date:
`
`05/03/2019
`
`CLERK OF COURT
`
`
`
`OR
`
`;
`
`| jonrrhh, k Cok
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`Signature of Clerk or Deputy Clerk
`
`Attorney's signature
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`The name, address, e-mail address, and telephone number ofthe attorney representing (name ofparty)|Genentech, Inc.
`__ , who issues or requests this subpoena,are:
`Timothy A. Cook, Wilmer Cutler Pickering Hale and Dorr LLP, 60 State Street, Boston, MA 02109,
`tim.cook@wilmerhale.com,
`(617) 526-6005
`
`
`

`

`
`
`Case 1:18-cv-01363-CFC Page6of 50 PagelD #:Document132_ Filed 05/10/19
`
`
`14513
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`
`
`AO 88A (Rev. 12/13) Subpoenato Testify at a Deposition in a Civil Action (Page 2)
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`Civil Action No, 1:18-¢v-1363-CFC
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`{This section should not befiled with the court unless required by Fed. R. Civ. P. 45)
`
`PROOF OF SERVICE
`
`I received this subpoena for (name of individual andtitle, ifary)
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`
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`on. (date)
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`[1 YT served the subpoena by delivering a copy to the named individual as follows:
`
`
`
`
` Ott (date) sor
`
`O Ireturned the subpoena unexecuted because:
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`Unless the subpoena was issued on behalf of the United States, or one ofits officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`
`$
`
`My fees are $
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`for travel and $
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`for services, for a total of $
`
`0.00
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server's signature
`
`
`
`Printed name and title
`
`
`
`Server's address
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`Additional information regarding attempted service, ete.:
`
`
`
`
`

`

`
`
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`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document 132
`14514
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`Page 7 of 50 PagelD #:
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`AO 88A (Rev. 12/13} Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`
`Federal Rule of Civil Precedure 45 {c), (d), (e}, and (g) (Effective 12/1/13)
`
`(c) Place of Compliance.
`
`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`personto attend a trial, hearing, or deposition only as follows:
`(A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
`(B)within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
`(i) is a party or a party’s officer; or
`(ii) is commandedto atiend a trial and would not incur substantial
`expense,
`
`(2) For Other Discovery. A subpoena may command:
`(A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides,is
`employed, or regularly transacts business in person; and
`(8) inspection ofpremisesat the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
`(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney whe
`fails to comply.
`
`(2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appearfor a deposition,
`hearing,ortrial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying,testing, or
`sampling any or all of the materials or to inspecting the premises—orto
`producing electronically stored information in the form or forms requested,
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`Gi) At any time, on notice to the commanded person,the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection,
`Gi) These acts may be required only as directed in the order, and the
`order must protect a person whois neither a party nora party’s officer from
`significant expense resulting from compliance.
`
`(3) Ouashing or Modifying a Subpoena.
`
`(A) When Required. On timely motion, the court for the district where
`complianceis required must quash or modify a subpoena that:
`
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(ii) discfosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifving Conditions as an Alternative, In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpeena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Duties in Responding to a Subpoena.
`
`(1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documentsorelectronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course ofbusiness or
`must organize and label them to correspond to the categories tn the demand,
`(B) Pormjor Producing Electronically Stored Information Not Specified.
`Ifa subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or formsin
`whichit is ordinarily caaintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the sameelectronically stored
`information in more than one form.
`(D) Jnaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burdenorcost. If that showing is
`made, the court may nonetheless order discovery from such sources ifthe
`requesting party shows good cause, considering the limitations of Rule
`26(bK2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection,
`{A) Jnformation Withheld, A person withholding subpoenaed information
`under a claim thatit is privileged or subject to protection as trial-preparation
`material must:
`(f} expressly make the claim; and
`(ii) describe the nature ofthe withheld documents, communications, or
`tangible things in a mannerthat, without revealing information itself
`privileged or protected, will enable the parties to assess the claim,
`(B) Information Produced. Uf information produced in response to a
`subpoenais subject to a claim ofprivilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that recetved the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copiesit has; must not use or disclose the information
`until the claim is resolved; must take reasonabie steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`complianceis required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`@)fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45({c);
`(iii) requires disclosure of privileged or other protected matter, ifno
`exception or waiver applies; or
`(g) Contempt.
`(iv) subjects a person fo undue burden.
`The court for the district where compliance is required—andalso,after a
`(B) When Permitted. To protect a person subject to or affected by a
`motion is transferred, the issuing court—inay hold in contempt a person
`subpoena, the court for the district where compliance is required may, on
`who, having been served,fails without adequate excuse to obey the
`motion, quash or modify the subpoenaifif requires:
`subpoena or an order related to it.”
`
`For access fo subpoena materials, see Fed. R. Civ. P. 45(a} Committee Note (2013).
`
`
`
`

`

`Case 1:18-cv-01363-CFC Document132 Page8of 50 PagelD #:Filed 05/10/19
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`
`14515
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`SCHEDULEA
`
`Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Plaintiff Genentech Inc.
`
`
`
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`hereby requests that Sigma-Aldrich Corporation produce and permit inspection and copying of
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`the following documents and thingsat the place, date and time specified in the accompanying
`
`subpoena.
`
`DEFINITIONS
`
`The words and phrases used in these Requests shall have the meanings ascribed to them
`
`under the Federal Rules of Civil Procedure and the Local Rules of the United States District
`
`Court for the District of Delaware. In addition, the following terms shall have the meanings set
`
`forth below whenever used in any Request:
`
`1.
`
`“You,” “your,” and “yours”shall refer to Sigma-Aldrich Corporation, collectively
`
`ot singly, including corporate parents, corporate predecessors, corporate successors, and all past
`
`or present subsidiaries, affiliates, divisions, units, departments, officers, directors, principals,
`
`agents, employees, representatives, assigns, attorneys, experts, insurers, and each person acting
`
`or purporting to act on Sigma-Aldrich Corporation’s behalf, including but not limited to SAFC,
`
`Inc. and SAFC Biosciences, Inc.
`
`2,
`
`3.
`
`“Plaintiff,” “our,” and “Genentech”shall refer to Genentech,Inc.
`
`“Defendant,” “Samsung,” and “Samsung’s”shall refer, collectively or singly, to
`
`Samsung Bioepis Co., Ltd., its corporate parents, corporate predecessors, corporate successors,
`
`and all past or present subsidiaries,affiliates, divisions, units, departments, officers, directors,
`
`principals, agents, employees, representatives, assigns, attorneys, experts, insurers, and each
`
`personacting or purporting to act on its behalf.
`
`4,
`
`“Biogen”shall refer, collectively or singly, to Biogen Idec MA Inc., Biogen MA
`
`

`

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`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14516
`
`Page 9 of 50 PagelD #:
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`subsidiaries, affiliates, divisions, units, departments, officers, directors, principals, agents,
`
`employees, representatives, assigns, attorneys, experts, insurers, and each person acting or
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`purporting to act on their behalf.
`
`5.
`
`“SB3”as used herein shall mean Samsung’s biosimilar trastuzumab, or any
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`Samsung human monoclonal antibody having substantially the same amino acid sequence of
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`trastuzumab, in any form including all compositions, formulations, or preparations containing
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`SB3.
`
`6.
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`“Document” means the complete original (or complete copy wherethe originalis
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`unavailable) and each non-identical copy (where different from the original because of notes
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`made on the copy or otherwise) of any writing or record, including but notlimited to all written,
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`typewritten, handwritten, printed, electronic materials (including e-mail), or graphic matter of
`
`any kind or nature, however produced or reproduced, any form of collected data for use with
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`electronic data processing equipment, and any mechanicalor electronic visual or sound
`
`recordings, including, without limitation, all tapes and discs, now or formerly in your possession,
`
`custody or control, including all documents as defined in the broadest sense permitted by the
`
`Federal Rules of Civil Procedure.
`
`7.
`
`“Thing” shall mean any physical specimen or other tangible item other than a
`
`document, in your possession, custody, or control.
`
`8.
`
`“Communication” means any transmission of information by one or more persons
`
`and/or between two or more persons by meansincluding, without limitation, telephone
`
`conversations,letters, telegrams, teletypes, telexes, telecopies, e-mail, text messages, other
`
`computer linkups, written memoranda, and face-to-face conversations.
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`

`

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`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14517
`
`Page 10 of 50 PagelD #:
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`9.
`
`“Concerning” meansrelating to, referring to, describing, evidencing, or
`
`constituting.
`
`10,
`
`il.
`
`versa.
`
`The terms “all,” “each,” and “any” shall be construed as alt and any.
`
`The use of the singular form of any word shall include the plural form and vice
`
`12.
`
`The words “and” and “or” shall be construed conjunctively or disjunctively as
`
`necessary to make the request inclusive rather than exclusive.
`
`13.
`
`The use of a verb in any tense shall be construed as the use of the verb inall other
`
`tenses.
`
`14.
`
`Words in the masculine, feminine, or neuter form shall include each of the other
`
`genders,
`
`15.
`
`The use of any definition for the purposes of these Requests and shall! not be
`
`deemed to constitute an agreement or acknowledgment on the part of Plaintiffs that such
`
`definition is accurate, meaningful, or appropriate for any other purposein this litigation.
`
`16.
`
`The “Litigation” refers to the action captioned Genentech, Inc. v. Samsung
`
`Bioepis Lid., C.A. No. 18-1363-CFC (D. Del.).
`
`INSTRUCTIONS
`
`The following imstructions shall apply to all the below Requests and should be considered
`
`part of each Request.
`
`1,
`
`You shall produce all responsive Documents and Things (including any stored by
`
`electronic means). If you are withholding or intend to withhold any Documents or Things
`
`responsive to these requests, you are requested to state the basis for withholding the Documentor
`
`Thing in a mannersufficient to enable Plaintiffs and the Court to adjudicate the validity ofits
`
`withholding. In the case of any Documents and Things being withheld on the grounds of
`
`

`

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`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14518
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`Page 11 of 50 PagelD #:
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`attorney-client privilege, work-product doctrine, or other privilege doctrine or immunity, please
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`also providea privilege log identifying the following information for each Documentor Thing:
`
`a.
`
`b.
`
`c.
`
`d.
`
`é.
`
`£
`
`g.
`
`h.
`
`i.
`
`the request to which the Document or Thing is responsive;
`
`the title of the Document or Thing;
`
`the date appearing on the Document or Thing, and if no date appears
`
`thereon, so state and give the date, or approximate date, on which the
`
`Document or Thing was prepared;
`
`the type or general nature of the Document or Thing (i.e., whetherit is a
`
`letter, memorandum, minutes of a meeting,etc.);
`
`number of pages;
`
`attachments;
`
`appendices;
`
`the name,title, and companyaffiliation of the Person who prepared the
`
`Document or Thing;
`
`the name,title, and companyaffiliation of each Person to whom the
`
`Document or Thing was disclosed, including the Person or Persons to
`
`whom it was addressed and the Person or Persons who received the
`
`Document or Thing, or copies of the Document or Thing, including blind
`
`copy recipients, and any individual to whom the Document or Thing was
`
`distributed, shown, or explained;
`
`j.
`
`the name, title, and company affiliation of the Person or Persons who
`
`maintain custody of the Document or Thing; and
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`

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`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14519
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`Page 12 of 50 PagelD #:
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`k.
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`the general subject matter of the Document or Thing and the basis for
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`withholding the Document or Thing, in a mannersufficient for Plaintiffs
`
`and the Court to determine the validity of your withholding.
`
`2.
`
`Produceall responsive Documents and Things in your actual or constructive
`
`possession, custody, or control, or the actual or constructive possession, custody, or control of
`
`your attorneys, accountants, representatives, consultants, agents, employees, or anyone else
`
`acting on your behalf. Documents and Things in your actual or constructive possession, custody,
`
`or control include documents stored in electronic form on a server controled by a related or
`
`unrelated entity (including but not limited to subsidiary companies, parent companies,
`
`subsidiaries of parent companies, and unrelated third parties) that you have the ability to access
`
`as part of the ordinary course of business. You are to produce entire Documents and Things,
`
`including attachments, enclosures, cover letters, memoranda, and appendices.
`
`3.
`
`Each Document and Thing is to be produced along with all nonidentical drafts
`
`thereof in their entirety, without abbreviation or redaction, and as maintained in the ordinary
`
`course of business. In the event that multiple copies of a Document or Thing exist, produce
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`every copy on which appear any notations or markings of any sort not appearing on any other
`
`copy.
`
`4,
`
`If a responsive Documentor Thing is not in your possession, custody, or control,
`
`identify the names of the Persons who have possession, custody, or control of such Document
`
`and Thing. If such Document or Thing was in your possession, custody, or control in the past
`
`but is no longer in your possession, custody, or control, state what disposition was madeofit, the
`
`reasons for such disposition, identify any Persons having any knowledge ofsaid disposition, and
`
`identify the Persons responsible for such disposition.
`
`

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`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14520
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`Page 13 of 50 PagelD #:
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`5,
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`If a responsive Documentor Thing has been destroyed oris alleged to have been
`
`destroyed, state the reasons for its destruction, the names of the Persons having any knowledge
`
`of its destruction and the namesof the Persons responsible forits destruction.
`
`6,
`
`If you contend that any Request is objectionable in whole or in part, you shall
`
`state with particularity each objection, the basis for it, and the categories of information to which
`
`the objection applies, and respond to the Request insofar as it is not deemed objectionable.
`
`7.
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`If you find the meaning of any term in these Requests unclear or ambiguous, you
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`shall assume a reasonable meaning, state what the assumed meaningis, and respondto the
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`Request according to the assumed meaning.
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`8.
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`The Documents and Things produced in response to these Requests shall be (a)
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`organized and designated to correspondto the categories in these Requests or, if not, (b)
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`produced as they are maintained in the normal courseof business, and in either case: (1)all
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`associatedfile labels, file headings, and file folders shall be produced together with the
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`responsive Documents and Things from each file and eachfile shall be identified as to its owner
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`or custodian; (ii) all Documents and Things that cannot be legibly copied shall be produced in
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`their original form; otherwise, you may produce photocopies;(iii) all photocopies shall be
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`stapled or clipped as the originals; and (iv) each page shall be given a discrete production
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`number.
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`9.
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`Noneof the Definitions or Requests set forth above shall be construed as an
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`admission relating to the existence of evidence,to the relevance or admissibility of any evidence,
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`or to the truth or accuracy of any statement or characterization in the Definition or Request.
`
`10.
`
`These Requests are continuing in nature and require supplemental or additional
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`responses in accordance with Rule 26(e) of the Federal Rules of Civil Procedure.
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`

`

`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14521
`
`Page 14 of 50 PagelD #:
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`11.
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`A copy ofthe Protective Orderfiled in the Litigation is attached as Exhibit A.
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`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14522
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`Page 15 of 50 PagelD #:
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`DOCUMENT REQUESTS
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`1.
`
`Documents sufficient to show each mammalian cell culture medium You
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`provided to Samsung or Biogen for production of therapeutic antibodies, including SB3.
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`2.
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`All documents sufficient to show the amountofcitrate, citric acid, L-asparagine,
`
`L-aspartic acid, and L-glutamine in each| cell culture media product You provided to
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`Samsung or Biogen between January 1, 2011, and the present.
`
`3,
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`All documents sufficient to show the amountofcitrate, citric acid, L-asparagine,
`
`L-aspartic acid, and L-glutamine in cach Custom Basal Powder You provided to Samsung
`
`or Biogen between January 1, 2011, and the present.
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`4,
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`All documents sufficient to show the amountofcitrate, citric acid, L-asparagine,
`
`L-aspartic acid, and L-glutamine in eachJ Nutrient Feed Medium You provided to Samsung
`
`or Biogen between January 1, 2011, and the present,
`
`5.
`
`All communication with Samsung or Biogen concerning the amountofcitrate,
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`citric acid, L-asparagine, L-aspartic acid, and L-glutamine in any cell culture media You
`
`provided between January 1, 2011, and the present.
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`

`

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`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14523
`
`Page 16 of 50 PagelD #:
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`SCHEDULE B
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`Pursuant to Rules 30 and 45 of the Federal Rules of Civil Procedure, Plaintiff Genentech
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`Inc. hereby requests the deposition of Sigma-Aldrich Corporation covering the following topics.
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`The definitions in Schedule A are expressly incorporated here by reference.
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`TOPICS FOR TESTIMONY
`
`1,
`
`Each mammalian cell culture medium You provided to Samsung or Biogen for
`
`production of therapeutic antibodies, including SB3.
`
`2.
`
`The amountofcitrate, citric acid, L-asparagine, L-aspartic acid, and L-glutamine
`
`in each| cell culture media product You provided to Samsung or Biegen between January 1,
`
`2011, and the present.
`
`3.
`
`The amountofcitrate, citric acid, L-asparagine, L-aspartic acid, and L-glutamine
`
`in each Custom Basal Powder You provided to Samsung or Biogen between January 1,
`
`2011, and the present.
`
`4,
`
`The amountofcitrate, citric acid, L-asparagine, L-aspartic acid, and L-glutamine
`
`in eachJ Nutrient Feed Medium You provided to Samsung or Biogen between January 1,
`
`2011, and the present.
`
`5.
`
`All communication with Samsung or Biogen concerning the amountofcitrate,
`
`citric acid, L-asparagine, L-aspartic acid, and L-glutamine in any cell culture media You
`
`provided between January 1, 2011, and the present.
`
`6.
`
`The authenticity of any documents produced by You pursuant to this subpoena.
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`

`

`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14524
`
`Page 17 of 50 PagelD #:
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`EXHIBIT A
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`
`

`

`
`
`
`
`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14525
`Case 1:18-cv-01363-CFC Document 38 Filed 11/26/18 Page 1 of 33 PagelD #: 1189
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`Page 18 of 50 PagelD #:
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`) ) )
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`} CA. No. 18-1363-CFC
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`) )
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`) ) )
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`GENENTECH,INC., and CITY OF HOPE,
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`Plaintiffs,
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`Vv.
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`SAMSUNGBIOEPIS CO., LTD,
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`Defendant.
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`STIPULATED PROTECTIVE ORDER
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`WHEREAS,Plaintiffs Genentech, Inc. and City of Hope and Defendant Samsung Bioepis
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`Co., Ltd. (collectively, “the Parties”) expect discovery requests made in this civil action C.A. No.
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`18-1363-CFC (“Litigation,” which includes any appeals therefrom) to encompasscertain
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`information that may constitute trade secrets and/or other confidential research, development,
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`business or commercial information within the meaning of Federal Rule of Civil Procedure
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`26(c)(1){G) for which special protection from public disclosure and from use for any purpose
`
`other than as provided below is warranted;
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`WHEREAS,the Parties in their business practices have gone to great lengths to safeguard
`
`and protect the confidentiality of documents and information the disclosure of which would pose
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`a substantial risk of irreparable harm to legitimate proprietary interests;
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`WHEREAS,the Parties to this action seek to establish a mechanism to protect information
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`produced by the Parties and Third Parties in this case from improper disclosure;
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`

`

`Case 1:18-cv-01363-CFC Document132
`Filed 05/10/19
`Page 19 of 50 PagelD #:
`Case 1:18-cv-01363-CFC Document 38 riled 11/26/18 Page 2 of 33 PagelD #: 1190
`1452
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`NOW THEREFORE,the Parties, by and through their respective Outside Counsel,
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`HEREBY STIPULATEtotheentry of this Protective Order regarding discovery in this
`
`Litigation.
`
`DEFINITIONS
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`1. “Affiliate” means any person orentity that directly of indirectly through one or more
`
`intermediaries controls, or is controlled by, or is under commoncontrol with, a Party to this
`
`Litigation.
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`2. “CONFIDENTIAL”means information that constitutes, contains, reveals, or reflects.
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`trade secrets or other confidential research, development, business, legal, or commercial
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`‘information within the meaning ofFed. R. Civ. P. 26(c)(1)(G), including but notlimited to:
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`scientific and technical information;financial, budgeting and/or accounting information;
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`information about existing and potential customers; marketing, legal, and other business
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`strategies, decisions, or negotiations; personnel compensation, evaluations, and other
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`employment information; and includes such confidential and proprietary information about a
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`Third Party, including parents, subsidiaries, and/or Affiliates. Confidential information also
`
`includes Protected Heaith Information, which means any information that a party believes in
`
`good faith to be subject to the Health Insurance Portability and Accountability Act and the _
`
`regulations thereunder, 45 CFR Part 160 and Subparts A and E of Part 164. Protected Health
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`Information includes, but is not limited to, health information, including demographic
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`information, relating to either, (a) the past, present or future physical or mental condition of an
`
`individual, (b) the provision of care to an individual, or (c) the payment for care provided to an
`
`individual, which identifies the individual or which reasonably could be expected to identify the
`
`individual. Provisions of this Protective Order relating to CONFIDENTIALinformation shall be
`
`2
`
`
`
`
`
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`
`

`

`
`
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`
`
`
`
`Filed 05/10/19
`Case 1:18-cv-01363-CFC Document132
`14527
`Case 1:18-cv-01363-CFC Document 38 Filed 11/26/18 Page 3 of 33 PagelD #: 1191
`
`Page 20 of 50 PagelD #:
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`understood to encompass any information derived, copied or extracted therefrom, as well asall
`
`copies, excerpts, summaries, or compilations thereof and testimony, conversations, or
`
`presentations related thereto.
`
`3.
`
`“CONFIDENTIALDiscovery Material” means Discovery Material a Producing Party
`
`designates as CONFIDENTIAL pursuantto the termsof this Protective Order.
`
`4, “THIRD PARTY HIGHLY CONFIDENTIAL”meansinformation that constitutes,
`
`contains, reveals, or reflects trade secrets or other highly sensitive research, development,
`
`business, or commercial information within the meaning of Fed. R. Civ. P. 26(c)(1}(G) of a
`
`Third Party. Provisions of this Protective Order relating to THIRD PARTY HIGHLY
`
`CONFIDENTIALinformation shall be understood to encompass any information derived,
`
`copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof
`
`and testimony, conversations, or presentationsrelated thereto.
`
`5. “THIRD PARTY HIGHLY CONFIDENTIALDiscovery Material” means Discovery
`
`Material a Producing Party designates as THIRD PARTY HIGHLY CONFIDENTIALpursuant
`
`to the terms of this Protective Order.
`
`6.
`
`Information designated as CONFIDENTIAL Discovery Material and information
`
`designated as THIRD PARTY HIGHLY CONFIDENTIALDiscovery Materia