`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`HOLOGIC, INC., a Delaware corporation; and
`CYTYC SURGICAL PRODUCTS, LLC, a
`Massachusetts limited liability company,
`Plaintiffs,
`
`v.
`MINERVA SURGICAL, INC., a Delaware
`corporation,
`
`
`Defendant.
`
`
`
`
`
` C.A. No. 20-925-JFB-SRF
`
`
`
`
`
`
`JOINT MOTION FOR TELECONFERENCE TO RESOLVE DISCOVERY DISPUTES
`
`Plaintiffs Hologic, Inc. and Cytyc Surgical Products, LLC (collectively, “Hologic”) and
`
`Defendant Minerva Surgical, Inc. (“Minerva”) respectfully move this Court to schedule a
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`teleconference to address outstanding disputes regarding the following discovery matters:
`
`1. Minerva produced an opinion of independent (not trial) counsel in the First
`
`Action on February 1, 2017 and currently intends to rely upon the opinion of
`
`counsel to rebut a charge of willfulness. The parties dispute the scope of the
`
`privilege waiver. This dispute impacts the scope of deposition testimony,
`
`including 30(b)(6) deposition testimony, and the production of documents.
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`2. The deposition of Minerva’s founder, Mr. Csaba Truckai.
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`The parties request resolution of these issues at the Court’s earliest convenience, preferably
`
`during the Status Conference already scheduled on Tuesday, January 5, 2021, at 1:00 p.m. The
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`close of fact discovery is December 30, opening expert reports are due on January 18, and the
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`dispute on the scope of the privilege waiver impacts the 30(b)(6) deposition, individual
`
`depositions, and Minerva’s production of documents.
`
`
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 48 Filed 12/21/20 Page 2 of 3 PageID #: 841
`
`
`The following attorneys, including at least one Delaware Counsel and at least one Lead
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`Counsel per party, participated in a verbal meet-and-confer by telephone on December 15, 2020:
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`Delaware Counsel:
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`• Karen L. Pascale, attorney for Hologic
`
`•
`
`Ian Liston, attorney for Minerva
`
`Lead Counsel:
`
`• Ryan J. Casamiquela, Nicholas M. Nyemah, attorneys for Hologic
`
`• Erik J. Carlson and Olivia M. Kim, attorneys for Minerva
`
`The parties are available for a teleconference on Tuesday, January 5, 2021 at 1:00 p.m. (the
`
`same date and time on which the Court scheduled the Status Conference (see D.I. 20, Scheduling
`
`Order at ¶ 8), with the following briefing dates:
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`• Opening letter brief on Tuesday, December 29, 2020, at 1:00 p.m.; and
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`• Responsive letter brief on Wednesday, December 30, 2020, at 1:00 p.m.
`
`
`
`
`
`
`
`-2-
`
`
`
`Case 1:20-cv-00925-JFB-SRF Document 48 Filed 12/21/20 Page 3 of 3 PageID #: 842
`
`
`
`
`WILSON SONSINI GOODRICH & ROSATI PC
`/s/ Ian R. Liston
`
`
`
`
`Ian R. Liston
`222 Delaware Avenue, Suite 800
`Wilmington, DE 19801
`Telephone: (302) 304-7606
`iliston@wsgr.com
`
`Vera M. Elson
`WILSON SONSINI GOODRICH & ROSATI PC
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 493-9300
`velson@wsgr.com
`
`Edward G. Poplawski
`Olivia M. Kim
`Erik J. Carlson
`WILSON SONSINI GOODRICH & ROSATI PC
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Telephone: (323) 210-2900
`epoplawski@wsgr.com
`okim@wsgr.com
`ecarlson@wsgr.com
`
`Attorneys for Defendant Minerva Surgical, Inc.
`
`
`DATED: December 21, 2020
`
`YOUNG CONAWAY STARGATT & TAYLOR LLP
`/s/ Karen L. Pascale
`
`
`
`Karen L. Pascale (#2903)
`Pilar Kraman (#5199)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`Telephone: (302) 571-6600
`kpascale@ycst.com
`pkraman@ycst.com
`
`Marc A. Cohn
`William O. Young, Jr.
`ARNOLD & PORTER KAYE SCHOLER LLP
`601 Massachusetts Ave., NW
`Washington, DC 20001
`Telephone: (202) 942-5000
`marc.cohn@arnoldporter.com
`william.young@arnoldporter.com
`
`Ryan J. Casamiquela
`ARNOLD & PORTER KAYE SCHOLER LLP
`Three Embarcadero Center, 10th Floor
`San Francisco, CA 94111
`Telephone: (415) 471-3100
`ryan.casamiquela@arnoldporter.com
`
`Assad Rajani
`ARNOLD & PORTER KAYE SCHOLER LLP
`3000 El Camino Real
`Five Palo Alto Square, Suite 500
`Palo Alto, CA 94306
`Telephone: (650) 319-4500
`assad.rajani@arnoldporter.com
`
`Attorneys for Plaintiffs Hologic, Inc. and Cytyc
`Surgical Products, LLC
`
`
`
`-3-
`
`
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