`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`RAVGEN, INC.,
`
`Plaintiff,
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`Civil Action No. 1:20-cv-00692-ADA
`
`v.
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`JURY TRIAL DEMANDED
`
`NATERA, INC. AND NSTX, INC.,
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`Defendants.
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`ORDER REGARDING THE PARTIES’ DISCOVERY DISPUTE REQUESTS
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`Before the Court are two discovery disputes between Plaintiff Ravgen, Inc. (“Ravgen”)
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`and Defendants Natera, Inc. and NSTX, Inc. (“Natera”) in the above-captioned action, which arose
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`via the Court’s OGP discovery dispute process.
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`First, Natera seeks an order compelling Ravgen to produce the deposition transcript and
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`related exhibits from the deposition of Dr. Ravinder Dhallan, Ravgen’s CEO and named inventor
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`on the patent-in-suit, from Ravgen’s suits pending in the District of Delaware to use “as
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`impeachment as necessary.” E.g., Ravgen, Inc. v. Biora Therapeutics, Inc., C.A. No. 20-cv-1734-
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`RGA-JLH (D. Del.). Natera argues that Dr. Dhallan’s Delaware deposition testimony is relevant,
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`admissible, and should be produced in this case with the accompanying exhibits “primarily simply
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`for impeachment purposes.” Ravgen responds that Dr. Dhallan’s Delaware testimony is
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`duplicative and cumulative of testimony from Dr. Dhallan already provided to Natera, and that its
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`production is unfairly prejudicial to Ravgen.
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`Second, Ravgen seeks an order compelling Natera to produce certain communications
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`between Natera and/or its outside law firm and third-party Streck, Inc. (“Streck”) and/or its counsel
`
`
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`Case 1:20-cv-00692-ADA Document 331 Filed 10/18/23 Page 2 of 2
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`related to Ravgen, the Asserted Patents, and related IPRs/EPRs. Ravgen avers that the requested
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`communications are not privileged, are relevant to (1) whether Natera is estopped under § 315(e)
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`regarding Streck’s concluded IPR; and (2) the credibility of Streck’s trial witnesses, and should be
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`produced. Natera responds that Ravgen’s request seeks materials that are privileged and/or work
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`product and protected by the common interest doctrine.
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`After consideration, including hearing oral argument on Natera’s Motion and Ravgen’s
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`Motion on October 5, 2023, the Court finds that Natera’s Motion is GRANTED. Accordingly,
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`Ravgen shall produce the transcript of Dr. Dhallan’s deposition from Ravgen’s suits pending in
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`the District of Delaware and any exhibits thereto that are overlapping with this case. The Court
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`further finds that Ravgen’s Motion is DENIED.
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`SO ORDERED, this 18th day of October, 2023.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`2
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