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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 153 (N.D.Cal. Mar. 29, 2024)
Case No: 21-cv-06322-WHO Case Name: Securities and Exchange Commissionv.
Panuwat TRIAL SHEET, EXHIBIT and WITNESS LIST
Court in session (jurors out) Counsel discuss housekeeping and scheduling matters Court in recess
Court in session (jurors present) Stipulation and declaration of Keith Mikkelson read into the record (VanNess) Defense direct examination of Dominic Piscitelli (Spertus) Article re: “MARKET REPORT: Whitebread shares froth up on talk the owner of Costa Coffee and Premier Inn is about to split”; Admitted for limited purpose, objection overruled Article re: “Medivation Working with JPMorgan on Takeover Approach (2)”; Admitted for limited purpose without objection Article re: “AstraZeneca, Pfizer Said Among Firms Weighing Medivation Bid”; Admitted for limited purpose without objection Jurors excused Judge instructs witness to confine responses to the questions posed Defense direct examination of Dominic Piscitelli continues (Spertus) Article re: “BRIEF-Sanofi, Pfizer, Gilead & Celgene interested in Medivation -CNBC citing sources”; Admitted for limited purpose without objection Citi Research – Equities Report re: Medivation; Admitted for limited purpose without objection Leerlink Report re: Medivation; Admitted for limited purpose without objection Courtroom Deputy: Jean Davis Case No: 21-cv-06322-WHO Case Name: Securities and Exchange Commission v. Panuwat Date: March 29, 2024 - Court Reporter: EXHIBIT and WITNESS LIST CONTINUED
Article re: “Exclusive – Merck enters race for cancer drugmaker Medivation: sources”; Admitted for limited purpose without objection Email re: Matisse; Admitted without objection Email re: INCY (Buy): Buy INCY calls ahead of key quarter for Jakafi; Admitted, objection overruled Plaintiff cross examination of Dominic Piscitelli (Meyerhofer) Court in recess Court in session (jurors present) Plaintiff cross examination of Dominic Piscitelli (Meyerhofer) Email re: Project Masterpiece Coverage (August 17, 2016); Admitted without objection Email from Millad Matin (Sard) to Panuwat and others regarding Project Masterpiece press coverage (August 23, 2016); Admitted, objection overruled Defense redirect of Dominic Piscitelli (Spertus) Plaintiff follow up examination of Dominic Piscitelli (Meyerhofer) Witness excused Jurors excused Court in recess Time from 12:44 to 1:30 p.m. assessed to defendant
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 153 (N.D.Cal. Mar. 29, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 152 (N.D.Cal. Mar. 28, 2024)
Case No: 21-cv-06322-WHO Case Name: Securities and Exchange Commissionv.
Panuwat TRIAL SHEET, EXHIBIT and WITNESS LIST
Court in session (jurors out) Counsel heard as to objections to anticipated testimony and exhibits; housekeeping/scheduling issues discussed Court in recess Court in session (jurors present) Defense cross examination of Chyche K. Becker continues (Spertus) Incyte Press Release titled “Incyte Reports 2015 Fourth- Quarter and Year-End Financial Results, Provides 2016 Financial Guidance and Updates Shareholders on Key Clinical Programs” (February 11, 2016); Admitted without objection PR Newswire Article titled “Phase 3 Findings Demonstrate Treatment with Baricitinib Results in Significant Improvements for Patients with Rheumatoid Arthritis Who Had Inadequate Response to Biologics” (March 31, 2016); Admitted without objection Article entitled “Bloomberg First Word;” Admitted, objection overruled BMO Capital Markets Analyst Report for Incyte (April 6, 2016); Admitted without objection SunTrust Robinson Humphrey Analyst Report for Medivation (April 5, 2016); Admitted without objection Bank of America/Merrill Lynch Analyst Report for Medivation (April 5, 2016); Admitted without objection Cowen and Company Analyst Report for Incyte (April 6, 2016); Admitted without objection JMP Analyst Report for Incyte (April 6, 2016); Admitted without objection Morgan Stanley Analyst Report for Incyte (April 6, 2016); Admitted without objection Case No: 21-cv-06322-WHO Case Name: Securities and Exchange Commission v. Panuwat Date: March 28, 2024 - Court Reporter: Ruth Levine Ekhaus Courtroom Deputy: Jean Davis
Court in recess 2320 11:01 a.m. 11:39 a.m. 11:40 a.m. 12:00 p.m. 12:01 p.m. 12:37 p.m. 12:40 p.m. 1372 12:43 p.m. 12:43 p.m. 12:43 p.m. 12:45 p.m. Court in session (jurors present) Defense cross examination of Chyche K. Becker continues (Spertus) Email re: Project Masterpiece Coverage; Admitted without objection Redirect waived; witness excused Court in recess Court in session (jurors present) Plaintiff presents testimony of Matthew Panuwat by way of videorecording (Recording designated as Court Exhibit 1) The Court instructs the jurors as to the circumstances of the videodeposition Plaintiff presents testimony of Matthew Panuwat by way of reading written transcript excerpts into the record (Transcript excerpts designated as Court Exhibit 2) Panuwat executed Medivation Policy Regarding Securities Trading By Company Personnel and Treatment of Confidential Information; Fully admitted (having been conditionally admitted 3/27) Government rests Court addresses jurors as to the Court in recess (Time from 12:45 p.m. to 1:30 p.m. assessed to defendant) Plaintiff time at the end of 3/27/2024: Time used 3/28/2024: Time remaining: 12 hours 46 minutes 00 hours 38 minutes 12 hours 08 minutes Defendant time at the end of 3/27/2024: Time used 3/28/2024: Time remaining: 17 hours 35 minutes 03 hours 19 minutes 14 hours 16 minutes
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 152 (N.D.Cal. Mar. 28, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 149 (N.D.Cal. Mar. 27, 2024)
Panuwat TRIAL SHEET, EXHIBIT and WITNESS LIST
Court in session (jurors out) Objections to anticipated exhibits and demonstratives taken up Court in recess 8:28 a.m. 8:35 a.m. 8:36 a.m. 8:42 a.m. 8:46 a.m. 8:58 a.m. 9:09 a.m. 9:18 a.m. 1203 1260 1262 1207 1290 1297 9:22 a.m. 1295 9:24 a.m. 1310 9:31 a.m. Court in session (jurors present) Plaintiff direct examination of Jennifer Jarrett continues (Bussey) Minutes of Meeting of Medivation Board of Directors (April 22, 2016); Admitted without objection Agenda for core team meeting (April 18, 2016); Admitted without objection Project Masterpiece Board of Directors slide deck presentation (April 22, 2016); Admitted without objection Minutes of Meeting of Medivation Board of Directors (June 30, 2016); Admitted without objection Email chain concluding with email from Justin Ng to Jennifer Jarrett and others (copy Panuwat) with August 10 Board materials (August 10, 2016); Admitted without objection Email chain concluding with email from Nishant Saxena to David Hung and others (copy Panuwat) regarding diligence requests (August 12, 2016); Admitted without objection Email chain concluding with email from Panuwat to Jennifer Jarrett regarding impending Picasso bid and due diligence (August 12, 2016); Admitted without objection Email chain concluding with email from Dominic Piscitelli to Jennifer Jarrett and David Hung regarding data provided to C (August 17, 2016); Utilized to refresh recollection only, not admitted Case No: 21-cv-06322-WHO Case Name: Securities and Exchange Commission v. Panuwat Date: March 27, 2024 - Court Reporter: Ruth Levine Ekhaus Courtroom Deputy: Jean Davis EXHIBIT and WITNESS LIST CONTINUED
Email from Andrew Powell to David Hung (copy Panuwat) regarding Picasso (August 18, 2016); Admitted without objection Email chain concluding with email from Dominic Piscitelli to Jennifer Jarrett regarding status (August 18, 2016); Admitted, objections overruled Minutes of Meeting of Medivation Board of Directors (August 14, 2016); Admitted without objection Email chain concluding with email from Panuwat to David Hung and others regarding M call (August 17, 2016); Admitted without objection Email chain concluding with email from Panuwat to Jennifer Jarrett regarding slides for data room (August 17, 2016); Admitted without objection Email from Panuwat to Nishant Saxena and others regarding Gauguin call (August 18, 2016); Admitted without objection Email from Panuwat to Jennifer Jarrett and Johanna Kleckner regarding daily meeting (August 18, 2016); Admitted without objection Email from Dominic Piscitelli to Panuwat and others regarding meeting to discuss LEK (August 18, 2016); Admitted without objection Panuwat executed Medivation Confidential Information and Invention Assignment Agreement; Admitted, objection overruled Panuwat executed Medivation Policy Regarding Securities Trading By Company Personnel and Treatment of Confidential Information; Admitted conditionally subject to objection as to foundation (not published to jury) Court in recess 2003 10:22 a.m. 10:24 a.m. 10:25 a.m. 1185 10:29 a.m. Court in session (jurors present) Defense cross examination of Jennifer Jarrett (Pachecho) Insider Trading Policy (Unexecuted); Admitted without objection Redirect waived; witness excused Plaintiff direct examination of Sara Michael (Meyerhofer) SEC_SF_4131_MLPFS002060 (native Excel file); Admitted without objection Courtroom Deputy: Jean Davis Ruth Levine Ekhaus
Panuwat Merrill Lynch Trade Blotter (2012-2014); Admitted without objection Panuwat Merrill Lynch Trade Blotter (2015); Admitted without objection Panuwat Merrill Lynch Trade Blotter (2015); Admitted without objection Panuwat Merrill Lynch Brokerage Statement (account ending 14921 – September 2016); Admitted without objection Defense cross examination of Sara Michael (DiCanio) Redirect waived; witness excused Plaintiff direct examination of Brian Huchro (Meyerhofer) Summary of Panuwat’s Incyte trades; Admitted, prior objections reiterated and overruled Table – Page 1 captioned Panuwat’s Yearly Total Purchases of Stock Shares and Options before August 18, 2016; prior objections reiterated and overruled Defense cross examination of Brian Huchro (DiCanio) Redirect waived; witness excused
Plaintiff direct examination of Chyhe K. Becker (Smyth) Witness offered as expert witness; defense objection noted and overruled Court in recess Court in session (jurors present) Plaintiff direct examination of Chyhe K. Becker continues (Smyth) The Street article titled “16 Biopharma Companies Besides Medivation That Are Attractive Targets” (June 29, 2016); Objection as to hearsay sustained Defense cross examination of Chyhe K. Becker (Spertus) Jurors excused Witness excused Counsel heard as to housekeeping issues Court in recess Plaintiff time at the end of 3/26/2024: Time used 3/27/2024:
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 149 (N.D.Cal. Mar. 27, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 148 (N.D.Cal. Mar. 26, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 148 (N.D.Cal. Mar. 26, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 146 (N.D.Cal. Mar. 25, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 144 (N.D.Cal. Mar. 22, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 138 (N.D.Cal. Mar. 20, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 133 (N.D.Cal. Mar. 15, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 126 (N.D.Cal. Mar. 8, 2024)
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Securities and Exchange Commission v. Panuwat, 4:21-cv-06322, No. 126 (N.D.Cal. Mar. 8, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 112 (N.D.Cal. Feb. 23, 2024)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 95 (N.D.Cal. Feb. 6, 2024)
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Docket
2:16-cv-09598,
California Central District Court
(Dec. 28, 2016)
Judge Michael W. Fitzgerald,
presiding,
Magistrate Judge Alicia G. Rosenberg
Contract - Other
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IV Solutions, Inc. v. United HealthCare Services, Inc., et al, 2:16-cv-09598 (C.D.Cal.)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 89 (N.D.Cal. Dec. 6, 2023)
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Securities and Exchange Commission v. Panuwat, 3:21-cv-06322, No. 89 (N.D.Cal. Dec. 6, 2023)
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