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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`GENENTECH, INC.,
`Plaintiff,
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`v.
`AMGEN INC.,
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`Defendant.
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`C.A. No. 18-924-CFC
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`[PROPOSED] ORDER
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`AND NOW, this ____ day of _________________, 2019, having considered Amgen Inc.’s
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`discovery dispute letter seeking to compel: (1) the continued deposition of named inventor Dr.
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`Sharon Baughman in view of a critical late-produced email implicating Dr. Brian Leyland-Jones
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`as inventor of the Dosing Patents; (2) production of an unredacted form of the late-produced email
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`referenced above; (3) production of documents in the possession of Roche, Genentech’s parent
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`entity, relating to Dr. Leyland-Jones and the BO15935 clinical trial that he led; (4) denial of
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`Genentech’s motion for a protective order to prevent a deposition of Dr. Leyland-Jones; and (5)
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`production of documents and a 30(b)(6) witness related to licensing the patents-in-suit (the
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`“Motion to Compel”) and any responses thereto:
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`IT IS SO ORDERED that the Motion to Compel is GRANTED. Plaintiff’s motion for
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`protective order is DENIED. IT IS FURTHER ORDERED that:
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`1.
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`Genentech shall make available named inventor Dr. Sharon Baughman to continue
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`her deposition for up to three (3) hours;
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`2.
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`Within five (5) days from the date of this Order, Genentech shall produce to counsel
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`for Amgen Inc. an unredacted form of the Baughman email originally produced on July 23, 2019;
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`Case 1:18-cv-00924-CFC Document 394-1 Filed 10/04/19 Page 2 of 2 PageID #: 29286
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`3.
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`Within fourteen (14) days from the date of this Order, Genentech shall produce to
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`counsel for Amgen Inc. non-privileged documents responsive to Amgen Inc.’s Request for
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`Production Nos. 1, 3, 8, 12, 16, and 53-56 relating to Dr. Leyland-Jones and the BO15935 trial
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`that are in the possession of Genentech or its parent company, Roche. Any privileged documents
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`or communications responsive to the Requests shall be included in a supplemental privilege log;
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`and
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`4.
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`Within fourteen (14) days from the date of this Order, Plaintiff shall produce to
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`counsel for Amgen Inc. documents responsive to Requests for Production Nos. 31 and 65, and any
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`privileged documents or communications responsive to the Requests shall be included in a
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`supplemental privilege log. On an agreed date within a reasonable time thereafter, Genentech shall
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`make available for deposition a Genentech representative pursuant to Fed. R. Civ. P. 30(b)(6) to
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`testify concerning Amgen’s Topics 29 and 30.
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`The Honorable Colm F. Connolly
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`2
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