SmithKline Beecham Corporation, dba GlaxoSmithKline v. Abbott Laboratories

Filing 163

ORDER Granting re 162 Stipulation Resolving Certain Outstanding Fact Discovery Isues filed by SmithKline Beecham Corporation, dba GlaxoSmithKline, Abbott Laboratories. Signed by Judge Claudia Wilken on 5/26/09. (scc, COURT STAFF) (Filed on 5/26/2009)

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James F. Hurst (Admitted Pro Hac Vice) David J. Doyle (Admitted Pro Hac Vice) Samuel S. Park (Admitted Pro Hac Vice) Stephanie S. McCallum (Admitted Pro Hac Vice) WINSTON & STRAWN LLP 35 W. Wacker Drive Chicago, IL 60601-9703 Telephone: [phone] Facsimile: 312-558-5700 Email: [e-mail]; [e-mail]; [e-mail]; [e-mail] Nicole M. Norris (SBN 222785) WINSTON & STRAWN LLP 101 California Street, Suite 3900 San Francisco, CA 94111-5894 Telephone: [phone] Facsimile: 415-591-1400 Email: [e-mail] Charles B. Klein (Admitted Pro Hac Vice) Mathew A. Campbell (Admitted Pro Hac Vice) WINSTON & STRAWN LLP 1700 K Street, N.W. Washington, D.C. 20007 Telephone: [phone] Facsimile: 202-282-5100 Email: [e-mail]

Jeffrey I. Weinberger (SBN 56214) David M. Rosenzweig (SBN 176272) Grant A. Davis-Denny (SBN 229335) MUNGER, TOLLES & OLSON LLP 355 Grand Avenue Los Angeles, CA 90071-1560 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail]; [e-mail] Michelle Friedland (SBN 234124) MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, CA 94105-2907 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant ABBOTT LABORATORIES

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STIPULATION RESOLVING CERTAIN OUTSTANDING FACT DISCOVERY ISSUES CASE NO. C07-5702 (CW)
DC:595288.1

Winston & Strawn LLP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION SMITHKLINE BEECHAM CORPORATION ) d/b/a GLAXOSMITHKLINE, ) ) Plaintiff, ) ) v. ) ) ABBOTT LABORATORIES, ) ) Defendant. ) ) ) ) ) ) ) Case No. C07-5702 (CW) (Consolidated Cases) Related per November 19, 2007 Order to Case No. C04-1511 (CW) STIPULATION RESOLVING CERTAIN OUTSTANDING FACT DISCOVERY ISSUES

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101 California Street San Francisco, CA 94111-5802

WHEREAS, the parties completed fact discovery on February 27, 2009, with the exception of certain issues for which this Court has extended the discovery deadline in Orders dated February 25, 2009 (Dkt. 130), March 13, 2009 (Dkt. 142), March 17, 2009 (Dkt. 147), March 20, 2009 (Dkt. 150), April 29, 2009 (Dkt. 159), and May 18, 2009 (Dkt. 161); WHEREAS, the current deadline for motions to compel relating to written discovery served in January 2009 by Abbott Laboratories ("Abbott") on GlaxoSmithKline ("GSK"), and by GSK on Abbott, as set out in the May 18, 2009 order, is May 21, 2009; WHEREAS, the current deadline for motions to compel relating to certain enumerated potential deficiencies relating to each party's production of documents, as set forth in the May 18, 2009 order, is May 21, 2009; WHEREAS, the parties are continuing to discuss resolution of two outstanding disputes, namely Abbott's Response to GSK Interrogatory No. 17, and Abbott's request to reopen fact discovery for the limited purpose of obtaining from GSK's third party vendors the supporting materials underlying those vendors' marketing and pricing studies of Lexiva conducted for GSK; WHEREAS, the parties have reached a resolution to their remaining disputes concerning the fact discovery referenced within those Orders, and in so doing, have made certain representations to each other; WHEREAS, the parties wish to memorialize those representations and their resolution of these outstanding discovery disputes; IT IS HEREBY STIPULATED AND AGREED: 1. As soon as practicable, GSK will designate witnesses to testify on GSK's behalf

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Winston & Strawn LLP

concerning Topic Nos. 2, 7, 12, 13 and 14 of Abbott's January 14, 2009 Notice of 30(b)(6) Deposition. The parties will work together to agree on mutually convenient dates for the deposition of any witness designated by GSK on these topics. 2. With respect to certain other topics in Abbott's January 14, 2009 Notice of 30(b)(6)

Deposition, Abbott agrees to accept the prior testimony of GSK witnesses in this and the related cases as 30(b)(6) testimony as set forth below: 1
STIPULATION RESOLVING CERTAIN OUTSTANDING FACT DISCOVERY ISSUES CASE NO. C07-5702 (CW)

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101 California Street San Francisco, CA 94111-5802

Designated 30(b)(6) Witness Michael Hannan Mark Shaefer Marlon Pittman Peter Hare John Keller

Notice Topic(s) 1, 3, 5, and 6 8, 9, and 10 11 15 16, 17 and 18

GSK represents that the above-designated witnesses are officers, directors or managing agents of GSK or have consented to testify on GSK's behalf on the topics for which they are designated above. GSK also agrees that any testimony provided by these witnesses on a topic for which they are designated above can be used in this or the related cases in the same manner as if GSK had properly designated the witnesses under Rule 30(b)(6) prior to their depositions. 3. Abbott agrees that it will not ask GSK to designate a witness to testify concerning

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Winston & Strawn LLP

topics 19, 20 or 21 from Abbott's January 14, 2009 Notice of 30(b)(6) Deposition. 4. Abbott agrees to amend further its response to Interrogatory No. 16 of GSK's Second

Set of Interrogatories within two (2) weeks after completion of the deposition of a witness designated to testify on GSK's behalf on Topic No. 14 of Abbott's January 14, 2009 Notice of 30(b)(6) Deposition. 5. GSK and Abbott agree that any motion to compel by GSK relating to Abbott's

response to GSK Interrogatory No. 17 shall be filed by May 28, 2009; and that any such motion should be initially filed in the form of a 2-page letter brief before Judge Zimmerman; 6. GSK and Abbott agree that any motion by Abbott to reopen fact discovery for the

limited purpose of obtaining from GSK's third-party vendors the supporting materials underlying those vendors' marketing and pricing studies of Lexiva conducted for GSK shall be filed by May 28, 2009; 7. Nothing in this stipulation shall expand the parties' rights to seek relief by the Court

on any discovery issue except as set forth herein. 2
STIPULATION RESOLVING CERTAIN OUTSTANDING FACT DISCOVERY ISSUES CASE NO. C07-5702 (CW)

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:

/s/ Trevor Stockinger Trevor Stockinger IRELL & MANELLA 1800 Avenue of the Stars Suite 900 Los Angeles, CA 90067-4276 Attorney for GSK

/s/ Charles B. Klein Charles B. Klein WINSTON & STRAWN LLP 1700 K Street, N.W. Washington, D.C. 20007 Attorney for Defendant Abbott Laboratories

PURSUANT TO STIPULATION, IT IS SO ORDERED 10
101 California Street San Francisco, CA 94111-5802

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May 26, 2009 Dated: _______________________

Winston & Strawn LLP

Judge Claudia Wilken United States District Court Northern District of California

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STIPULATION RESOLVING CERTAIN OUTSTANDING FACT DISCOVERY ISSUES CASE NO. C07-5702 (CW)