In re: Application of Medical Research Council for Order

Filing 41

FURTHER ORDER REGARDING MOTION FOR RECONSIDERATION. Signed by Magistrate Judge Sallie Kim on 3/7/2016. (mklS, COURT STAFF) (Filed on 3/7/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7
8
9

IN RE: APPLICATION OF MEDICAL
RESEARCH COUNCIL FOR AN ORDER
PERMITTING ISSUANCE OF
SUBPOENAS TO TAKE DISCOVERY
FOR USE IN FOREIGN PROCEEDING,
Petitioner.

Case No. 15-mc-80213-HSG (SK)
FURTHER ORDER REGARDING
MOTION FOR RECONSIDERATION

10
Regarding Docket No. 35

United States District Court
Northern District of California

11
12

In the Order granting in part and denying in part the motion for reconsideration filed by

13

Medical Research Council (“MRC”), the Court required Genentech, Inc. (“Genentech”) to provide

14

certain documents for in camera review. The Court directed Genentech to provide the Court for in

15

camera review the unredacted sections of the agreement at issue that address production and

16

supply, as well as a copy of the supply agreement between Genentech and Roche referenced in

17

Genentech’s opposition letter filed on December 16, 2015. After reviewing these documents in

18

camera, the Court ORDERS that Genentech shall provide unredacted copies of the following

19

portions of these documents:

20

(1) The following portions of the supply agreement between Genentech and Roche

21

referenced in Genentech’s opposition letter filed on December 16, 2015: the first full

22

paragraph on page two; Art. V(5)(d) starting at “1” on page 23 through the end of

23

(5)(d); and Art. VI(1)(a) starting at “all Clinical” and (1)(b) starting at “all

24

Commercial”;

25

(2) The following portions of the Umbrella Manufacturing Supply Agreement: the

26

beginning phrase of the third paragraph on page one up until (i); the phrase after (iv) in

27

the third paragraph on page one; paragraphs 1.39 and 1.42 on page 6; paragraph

28

3.1.6(b) on page 12; paragraph 3.8.1 on page 21; paragraphs 4.1, 4.2, and 4.2 on pages

1

32 and 33; and paragraphs 7.1 and 7.2 on page 35;

2

(3) The following portions of the Short Term Supply Agreement: the beginning phrase of

3

the third paragraph on page one up until (i); the phrase after (iii) in the third paragraph

4

on page one; and the second paragraph of 4.1 and paragraphs 4.1.3, 4.1.4, and 4.1.5 on

5

pages 5 and 6.

6

Genentech shall provide these documents to MRC by no later than March 14, 2016.

7

IT IS SO ORDERED.

8
9
10

Dated: March 7, 2015
______________________________________
SALLIE KIM
United States Magistrate Judge

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2