`Case 1:18-cv-00924-CFC-SRF Document 462 Filed 11/21/19 Page 1 of 3 PagelD #: 33357
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`GENENTECH, INC.,
`
`Plaintiffs,
`
`v.
`
`AMGEN INC.
`
`Defendant.
`
`
`Case No. 18-924-CFC
`
`STIPULATION AND magsggi ORDER FOR DAMAGES AND THIRD-PARTY
`SUBPOENA DISCOVERY
`
`Genentech, Inc. and Amgen Inc. hereby stipulate, subject to the approval of the Court, to
`
`the following schedule for the parties to pursue discovery pertaining to (i) Genentech’s claims
`
`for money damages, and (ii) the usage and administration of Kanjinti by the fifteen third parties
`
`that have already been served subpoenas by Genentech:
`
`least day to serve no more than (7) money damages-related
`mterrogatorles
`
`November 27, 2019
`
`Last day to serve money damages-related 30(b)(6) notices
`
`November 27, 2019
`
`January 3] 2020
`
`Deadline for responding to money damages-related
`interrogatories
`
`December 27, 2019
`
`Substantial completion of money damages document discovery
`
`December 13, 2019
`
`Close of third-party subpoena fact discovery
`Production of udated sales and financial data and documents in
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 462 Filed 11/21/19 Page 2 of 3 PageID #: 33358
`Case 1:18-cv-00924-CFC-SRF Document 462 Filed 11/21/19 Page 2 of 3 PageID #: 33358
`
`the parties’ possession regarding the prescription and
`administration of Herceptin and Kanjinti (e.g., claims data and
`medical record information)
`
`Close of money damages fact discovery
`
`Opening money damages expert reports
`
`Deadline for service of supplemental responses to
`interrogatories on money damages issues
`
`February 14’ 2020
`
`Rebuttal money damages expert reports
`
`March 13, 2020
`
`Close of money damages expert discovery
`
`March 27, 2020
`
`
`
`Production of updated sales and financial data and documents in
`the parties’ possession regarding the prescription and
`administration of Herceptin and Kanjinti (e.g., claims data and
`medical record information)
`
`A .1 3 2020
`p“
`’
`
`Update to calculations in money damages expert reports to
`reflect updated sales and financial data and updated information
`regarding the prescription and administration of Herceptin and
`Kanjinti (e.g., claims data and medical record information)
`
`A ll 10 2020
`pr
`’
`
`It is fiirther stipulated by the parties, subject to approval by the Court, that each side shall
`
`have (1) 20 hours of deposition time for money damages-related fact and 30(b)(6) party
`
`depositions, and (2) each side will be allowed to serve seven additional interrogatories relating to
`
`money damages.
`
`
`
`Case 1:18-cv-00924-CFC-SRF Document 462 Filed 11/21/19 Page 3 of 3 PageID #: 33359
`Case 1:18-cv-00924-CFC-SRF Document 462 Filed 11/21/19 Page 3 of 3 PagelD #: 33359
`
`MCCARTER & ENGLISH, LLP
`
`SMITH KATZENSTEIN & JENKINS LLP
`
`/s/ Daniel M. Silver
`
`/s/ Eve H. Ormerod
`
`Michael P. Kelly (#2295)
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, DE 19801
`(302) 984-6300
`mkelly@mccarter.com
`dsilver@mccarter.com
`ajoyce@mccarter.com
`
`Neal C. Belgam (#2721)
`Eve H. Ormerod (#5369)
`Jennifer M. Rutter (#6200)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgarn@skjlaw.com
`eormerod@skjlaw.com
`jrutter@skjlaw.com
`
`Attorneysfor Plaintiff Genentech, Inc.
`
`Attorneys for Defendant Amgen Inc.
`
`Dated: November 20, 2019
`
`so ORDERED this 2 I” day of
`
`him-Lug
`
`,2019.
`
`62 .
`
`United States District I
`
`e
`
`
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