In re HIV Antitrust Litigation

Filing 1966

ORDER re #1961 Trial Witness Disclosures. Signed by Judge Edward M. Chen on 6/13/2023. (emclc2, COURT STAFF) (Filed on 6/13/2023)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

IN RE HIV ANTITRUST LITIGATION.

Case No. 19-cv-02573-EMC

8
ORDER RE TRIAL WITNESS
DISCLOSURES

9
10

Docket No. 1961

United States District Court
Northern District of California

11
12
13
This order memorializes the Court’s June 13, 2023, ruling with respect to an exhibit that

14
15

Defendants intend to use on cross-examination of Dr. McGuire: Exhibit No. 8124. The exhibit is

16

a report written by the Bureau of Competition which is a division within the Federal Trade

17

Commission. The report provides an overview of pharmaceutical patent settlement agreements

18

filed with the Federal Trade Commission in 2017 under the Medicare Prescription Drug,

19

Improvement and Modernization Act.
During a conference held outside the presence of the jury, Defendants clarified that they

20
21

would not seek to admit the exhibit but did intend to elicit testimony from him based on his

22

consideration of the document in preparing his report(s). The Court shall allow Defendants to use

23

the exhibit in examination of the witness; however, it is not to be admitted or published to the jury,

24

and Defendants is only permitted to refer to the exhibit as a document coming from a public

25

source, and not the Federal Trade Commission specifically. This approach is

26

///

27

///

28

///

1

consistent with the Court’s earlier rulings in which it held that there are 403 problems with either

2

side referring to Federal Trade Commission approval or disapproval of patent settlement

3

agreements.

4
5

IT IS SO ORDERED.

6
7

Dated: June 13, 2023

8
9
10

______________________________________
EDWARD M. CHEN
United States District 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