`Case 1:17-cv-01407-CFC Document 407 Filed 06/20/19 Page 1 of 4 PageID #: 35588
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`GENENTECH, INC. and CITY OF HOPE
`
`Plaintiffs,
`
`v.
`
`Defendant.
`
`AMGEN INC.
`
`C. A. No.: 17-1407—CFC
`CONSOLIDATED
`
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`
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`AND NOW, this
`
`2071'
`
`day of
`
`Jung
`
`, 2019, having considered
`
`Genentech’s discovery dispute letter and Amgen’s response thereto, and having held a discovery
`
`conference on June 18, 2019 regarding the same;
`
`IT IS HEREBY ORDERED that:
`
`I.
`
`The Scope of Amgen’s Privilege Waiver
`
`Amgen’s production of its opinion letters concerning U.S. Patent Nos. 8,574,869 (Kao),
`
`8,512,983 (Gawlitzek), 9,441,035 (Carvalhal), and 9,795,672 (Fyfe) has effected a subject matter
`
`waiver of Amgen’s attorney-client privilege concerning infringement and validity of those
`
`patents. The waiver extends to communications pre-dating the opinion letters and extends to
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`Accordingly, Amgen shallproduceW
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`MEI 30664047VJ
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`Case 1:17-cv-01407-CFC Document 407 Filed 06/20/19 Page 2 of 4 PageID #: 35589
`Case 1:17-cv-01407-CFC Document 407 Filed 06/20/19 Page 2 of 4 PageID #: 35589
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`0 Document Nos. 65, 68, 96, 121, 134, 137, 141, 149, 161—68, 171, 179, 189, 192,
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`195, 227, 285-87, 290-91, 294-97, and 299 from its privilege logs;
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`- All communications involving Scott Foraker regarding the validity and/or
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`infringement of Kao, Gawlitzek, Carvalhal, or Fyfe, including any
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`communications involving Proskauer Rose LLP (see Genentech’s RFP No. 151);
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`0 Any analysis of infringement of Kao, Gawlitzek, Carvalhal, or Fyfe in connection
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`with MVASI performed by Amgen’s in-house counsel or communicated to
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`Amgen’s in—house counsel (see Genentech’s RFP N0. 153);
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`0 Any analysis of validity of Kao, Gawlitzek, Carvalhal, or Fyfe performed by
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`Amgen’s in-house counsel or communicated to Amgen’s in-house counsel (see
`
`Genentech’s RFP No. 154);
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`o A copy of any notes, correspondence, annotated Opinion Letters, calendar entries
`
`or other materials concerning the validity or infiingement of Kao, Gawlitzek,
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`Carvalhal, or Fyfe or concerning the Opinion Letters (see Genentech RFP No.
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`156); and
`
`
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`' Amgen also shall reproduce unredacted privilege log entries 319, 321, 323, and 336.
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`Amgen shall review the other documents it has clawed back and apply the scope of waiver
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`articulated above in analyzing whether such documents must be reproduced. To the extent an
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`Amgen witness implicated by such documents has already been deposed, Amgen shall make him
`
`ME] 30664047v.l
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`
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`Case 1:17-cv-01407-CFC Document 407 Filed 06/20/19 Page 3 of 4 PageID #: 35590
`Case 1:17-cv-01407-CFC Document 407 Filed 06/20/19 Page 3 of 4 PageID #: 35590
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`or her available for a second deposition (limited to no more than three hours on the record).
`
`
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`As agreed by the parties prior to the discovery hearing, Amgen shall provide responses to
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`Interrogatory Nos. 18 and 19 and produce documents responsive to Genentech’s Request Nos.
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`145-150, 152, 155, and 157, where the Patents-in-Suit are defined to be the Kao, Gawlitzek,
`
`'
`on a; r: "in
`Carvalhal, and Fyfe patents. It shall provide these responses and documentsW
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`III.
`
`Amgen’s Refusal to Answer Interrogatory No. 15
`
`Amgen shall respond to Interrogatory No. 15 by providing a list of the dates on which the
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`PPQ Runs Tool has been queried; the suggested numerical range of Drug Substance PPQ runs
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`that the PPQ Runs Tool listed as its output each time it was queried; the number of Drug
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`Substance PPQ runs that Amgen performed for each substance; the dates on which those Drug
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`Genentech’s motion to compel Amgen to respond to Interrogatory No. 15 is GRANTED
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`
`
`
`
`
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`Substance PPQ runs were performed; and for every entry in which the number of Drug
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`Substance PPQ runs that Amgen performed did not fall within the suggested range produced by
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`the PPQ Runs Tool, explain why Amgen chose to perform a different number of runs than the
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`
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`range produced from the PPQ Runs Tool.
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`Amgen shall provide this response
`by
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`
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`ME130664047v.l
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`Case 1:17-cv-01407-CFC Document 407 Filed 06/20/19 Page 4 of 4 PageID #: 35591
`Case 1:17-cv-01407-CFC Document 407 Filed 06/20/19 Page 4 of 4 PageID #: 35591
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`so ORDERED this Edayof Vim ’
`
`
`2019.
`
`The Honorable Colm %. Connolly
`United States District Judge
`
`MEI 30664047v.1
`
`
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