In re HIV Antitrust Litigation

Filing 1946

SECOND ORDER re #1936 Trial Witness Disclosures. Signed by Judge Edward M. Chen on 6/6/2023. (emclc2, COURT STAFF) (Filed on 6/6/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRATERNAL ORDER OF POLICE,
MIAMI LODGE 20, INSURANCE TRUST
FUND, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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v.

Case No. 19-cv-02573-EMC
SECOND ORDER RE TRIAL WITNESS
DISCLOSURES
Docket No. 1936

GILEAD SCIENCES, INC., et al.,
Defendants.

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This order supplements the Court’s prior order regarding trial witness disclosures, located

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at Docket No. 1940. The order memorializes the Court’s oral rulings made at the morning

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conference on June 6, 2023.

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Exhibit 3258. The objections are overruled.

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Exhibits 5113, 6388. The Court overrules in part and sustains in part the

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objections. The objections are overruled except that, for Exhibit 5113, the

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statements in the chart at page 3 that “[t]hey believe this to be anticompetitive”

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shall be excluded/redacted on 403 grounds.

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on foundation.

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Exhibit 6270. The 402 and 403 objections are overruled. The Court defers ruling

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Exhibits 6271, 6272. Plaintiffs stated that they would not seek to admit Exhibit

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6271 (the press release). The Court excludes Exhibit 6272 but does not bar

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Plaintiffs from asking more “generalized” questions – e.g., whether regulators had

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scrutinized any agreement between Teva and another company in which some kind

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of exclusivity was a part of the agreement. The Court reserves ruling on whether

Plaintiffs’ line of inquiry may lead to a 403 problem.

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is no breakout of U.S. data; therefore, Plaintiffs may use the worldwide data. The

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objection is overruled. It should be made clear to the jury, however, that the only

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issue in this case is U.S. sales.

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PDX4. It appears this dispute was resolved as Plaintiffs revised their
demonstrative. The demonstrative may be used.

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PDX2. The objections are overruled.

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PDX7, PDX8. The objections are overruled. Upon request, the jury will be

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United States District Court
Northern District of California

Exhibit 9439. The Court modifies its prior ruling. For the years 2004-2012, there

reminded that demonstratives are not exhibits, etc.
The Court subtracted 7.5 minutes from each party’s trial time because the disputes raised

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by the parties delayed the start of trial by 15 minutes (even though the Court began its conference

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30 minutes before the start of trial).

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For future disputes on exhibits, the Court directs the parties to include a column
giving a brief description of what the exhibit at issue is.

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IT IS SO ORDERED.

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Dated: June 6, 2023

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______________________________________
EDWARD M. CHEN
United States District Judge

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