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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`AZURITY PHARMACEUTICALS, INC.,
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`Plaintiff,
`
`
`
`v.
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`
`BIONPHARMA INC. et al.,
`
`
`Defendants.
`
`
`
`
`Civil Action
`
`No. 21-cv-1286
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`
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`
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`ORDER
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`AND NOW, this 13th day of July, 2023 upon consideration of letters filed by both parties
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`respecting a discovery dispute (ECF Nos. 358, 359, 380), and following an on-the-record phone
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`conference on July 13, 2023, it is hereby ORDERED that Bionpharma may obtain Rule 30(b)(6)
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`deposition testimony from Azurity regarding the specification and prosecution history of the
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`patents-in-suit, with the following limitations:
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`1.
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`Questions about documents that are also part of the specification or prosecution
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`history of the “First Wave” patents (U.S. Patent Nos. 9,669,008, 9,808,442, 10,039,745, and
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`10,154,987) must relate to Bionpharma’s defenses in this case that the patents-in-suit are invalid
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`for inadequate written description or lack of enablement.
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`2.
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`3.
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`Bionpharma shall not ask the witness to provide legal conclusions.
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`So as to avoid repetitiousness, counsel for Bionpharma shall avoid asking questions
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`of the Rule 30(b)(6) witness regarding topics that were previously covered in the “First Wave”
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`lawsuits (Nos. 18-1962 and 19-1067). The parties are instructed to interpret “topics” of inquiry
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`reasonably and flexibly to permit new questions about “First Wave” materials without burdening
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`the witness with repetitious testimony.
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`1
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`Case 1:21-cv-01286-MSG Document 362 Filed 07/13/23 Page 2 of 2 PageID #: 6881
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`BY THE COURT:
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`/s/ Mitchell S. Goldberg
`MITCHELL S. GOLDBERG, J.
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`2
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