`Case 1:17-cv-01407-CFC-SRF Document 595 Filed 11/14/19 Page 1 of 3 PagelD #: 42857
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
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`GENENTECI-I, INC. and CITY OF HOPE,
`
`Plaintiffs,
`
`AMGEN INC.,
`
`Defendant.
`
`
`
`Case No. l7-l407-CFC
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`CONSOLIDATED
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`MER GRANTING BOEHRINGER INGELHEIM USA CORP.’S
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`REQUESTED RELIEF REGARDING THE BOEHRINGER DOCUMENT
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`Upon consideration of third party Boehringer Ingelheim USA Corp.’s (“Boehringer”)
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`request for relief with regard to the Boehringer document marked by Genentech, Inc.
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`(“Genentech”) as Exhibit 212 in the August 2, 2019 deposition of Dr. Vladimir Hanes
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`(“Boehringer document”) and Genentech’s and Amgen Inc.’s (“Amgen”) responses thereto,
`
`IT IS HEREBY ORDERED that:
`
`l.
`
`Genentech shall not review or use the Boehringer document in this litigation for
`
`any purpose.
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`2.
`
`The August 2, 2019 deposition transcript of Dr. Vladimir Hanes and the portions
`
`of the transcript of the October 16, 2019 hearing before the Court concerning Genentech’s
`
`motion to retain and use the Boehringer document in this litigation (D.I. 538/565) shall be sealed.
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`3.
`
`Genentech and Amgen shall return to Boehringer all copies of the Boehringer
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`document at issue and any other confidential Boehringer document or information in their
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`possession that they have identified during their search for responsive documents in this
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`litigation, including Dr. Vladimir Hanes’s files at Amgen.
`
`
`
`Case 1:17-cv-01407-CFC-SRF Document 595 Filed 11/14/19 Page 2 of 3 PageID #: 42858
`Case 1:17-cv-01407-CFC-SRF Document 595 Filed 11/14/19 Page 2 of 3 PagelD #: 42858
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`4.
`
`Amgen shall forensically preserve the following:
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`a. All of Dr. Hanes’ Amgen electronic devices (including, but not limited to,
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`Amgen computers, mobile devices and electronic storage devices) that
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`may contain any copies of Boehringer confidential documents and
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`information, in a manner that does not alter or destroy any data on those
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`devices (beyond what was necessary to return to Boehringer any copies of
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`Boehringer confidential documents previously discovered).
`
`. All of Dr. Hanes’ Amgen email and Amgen cloud accounts that may
`
`contain any copies of Boehringer confidential documents and information,
`
`in a manner that does not alter or destroy any data in those accounts
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`(beyond what was necessary to return to Boehringer any copies of
`
`Boehringer confidential documents previously discovered).
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`5.
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`Within 10 days of the date of this Order, the following sworn certifications shall
`
`be filed with the Court:
`
`a.
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`Dr. Vladimir Hanes shall certify that he will preserve, but will not share,
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`any copies of the Boehringer document at issue or any other confidential
`
`Boehringer documents in his possession;
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`Amgen shall certify that it has complied with this Order and that it will not
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`further view the Boehringer document at issue or any other confidential
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`Boehringer document;
`
`Genentech shall certify that it has complied with this Order and, after
`
`reviewing the documents Amgen produced in this litigation and its
`
`
`
`Case 1:17-cv-01407-CFC-SRF Document 595 Filed 11/14/19 Page 3 of 3 PageID #: 42859
`Case 1:17-cv-01407-CFC-SRF Document 595 Filed 11/14/19 Page 3 of 3 PagelD #: 42859
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`litigation files, Genentech no longer possesses copies of the Boehringer
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`document at issue or any other confidential Boehringer document.
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`6.
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`This Order shall not affect in any way, and shall not operate as a waiver of, any
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`rights Boehringer may have against Genentech, Amgen or Dr. Hanes relating to: (a) Dr. Hanes’
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`and/or Amgen’s possession of Boehringer confidential documents and information; or (b)
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`Amgen’s production of the Boehringer document in this litigation.
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`so ORDERED this fly ofMflflJu'Zow.
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`M01.
`
`
`The Honorable Colm F. Conn
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`United States District Judge
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`
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