`Case 1:17-cv-01407-CFC Document 332 Filed 04/15/19 Page 1 of 3 PageID #: 30430
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C. A. No.: 17-1407-CFC
`CONSOLIDATED
`
`) ) ) )
`
`) )
`
`) ) )
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`GENENTECH, INC. and CITY OF HOPE
`
`Plaintiffs,
`
`v.
`
`Defendant.
`
`AMGEN INC.
`
`STIPULATION AND [PROPOSED] ORDER CONCERNING
`DR. IAIN COCKBURN
`
`
`
`Case 1:17-cv-01407-CFC Document 332 Filed 04/15/19 Page 2 of 3 PageID #: 30431
`Case 1:17-cv-01407-CFC Document 332 Filed 04/15/19 Page 2 of 3 PagelD #: 30431
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`WHEREAS Defendant Amgen Inc. (“Amgen”) seeks to employ Dr. Iain Cockburn
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`as an expert in the above-captioned action;
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`WHEREAS Plaintiff Genentech, Inc. (“Genentech”) has objected to such employment
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`by Amgen, based on its allegation that Dr. Cockburn was previously retained by Genentech in
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`a previous patent infringement action and was provided work product and litigation strategy;
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`WHEREAS Amgen disputes that any such alleged prior retention creates a conflict of
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`interest in this case because it alleges, for example, Genentech did not provide any work
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`product, litigation strategy, or other confidential information to Dr. Cockburn; and
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`WHEREAS Dr. Cockburn has represented that he is not in possession of any of
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`Genentech’s work product and has no recollection of Genentech’s work product or litigation
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`strategy.
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`IT IS HEREBY STIPULATED AND AGREED that in CA. No. l7-1407-CFC
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`(Consolidated), if, at a later date, Dr. Cockburn remembers any Genentech work product or
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`any aspect of Genentech’s litigation strategy concerning biosimilars that was allegedly
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`provided to him by Genentech, he will withdraw from his engagement on behalf of Amgen in
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`this matter. Such a withdrawal shall not be argued to constitute a basis for any alteration to
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`the Scheduling Order.
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`The parties further agree that Genentech may address any admissibility issues
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`concerning its allegation that Dr. Cockburn previously consulted for Genentech in advance of
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`trial.
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`Conditioned on the foregoing agreement, Genentech, Inc. withdraws its objection,
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`under the Protective Order (e.g., D.I. 206 in CA. 17-1407-CFC), to the disclosure of its
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`MEI 30173807v.1
`
`
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`Case 1:17-cv-01407-CFC Document 332 Filed 04/15/19 Page 3 of 3 PageID #: 30432
`Case 1:17-cv-01407-CFC Document 332 Filed 04/15/19 Page 3 of 3 PageID #: 30432
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`Confidential Information to Dr. Cockbum and Amgen’s retention of him in connection with
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`this proceeding.
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`April 15, 2019
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`Respectfully submitted,
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`YOUNG CONAWAY STARGATT & TAYLOR, LLP
`
`MCCARTER & ENGLISH, LLP
`
`/s/ James L. Higgins
`Melanie K. Sharp (No. 2501)
`James L. Higgins (No. 5021)
`Michelle M. Ovanesian (No. 6511)
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`msharp@ycst.com
`jhiggins@ycst.com
`movanesian@ycst.com
`
`Attorneysfor Defendant Amgen Inc.
`
`/5/ Daniel M. Silver
`
`Michael P. Kelly (# 2295)
`Daniel M. Silver (# 4758)
`Alexandra M. Joyce (# 6423)
`Renaissance Centre
`
`405 N. King Street, 8th Floor
`Wilmington, Delaware 19801
`Tel.: (302) 984-6300
`Fax: (302) 984-6399
`mkelly@mccarter.com
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`Attorneys for Plaintiffs Genentech, Inc.
`and City ofHope
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`so ORDERED this
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`[J 6
`
`day of 491,.7
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`, 2019.
`
`THE HONORABLé COLM. F. fiEOLLY
`
`MEI 30173807v.l
`
`
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