Plexxikon Inc. v. Novartis Pharmaceuticals Corporation

Filing 93

ORDER by Judge Haywood S. Gilliam, Jr. Granting 92 Stipulation.(ndrS, COURT STAFF) (Filed on 10/4/2018)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 DURIE TANGRI LLP DARALYN J. DURIE (SBN 169825) ddurie@durietangri.com LAURA E. MILLER (SBN 271713) lmiller@durietangri.com RAGHAV R. KRISHNAPRIYAN (SBN 273411) rkrishnapriyan@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: 415-362-6666 Facsimile: 415-236-6300 YOUNG BASILE HANLON & MACFARLANE, P.C. JEFFREY D. WILSON (Pro Hac Vice) wilson@youngbasile.com ANDREW R. BASILE, JR. (SBN 208396) abasile@youngbasile.com EDDIE D. WOODWORTH (Pro Hac Vice) woodworth@youngbasile.com RYAN T. MCCLEARY (Pro Hac Vice) mccleary@youngbasile.com 3001 W. Big Beaver Road, Suite 624 Troy, MI 48084 Telephone: (248) 649-3333 Facsimile: (248) 649-3338 KNOBBE, MARTENS, OLSON & BEAR, LLP WILLIAM R. ZIMMERMAN (SBN 195859) Bill.Zimmerman@knobbe.com 1717 Pennsylvania Ave. N.W., Suite 900 Washington, D.C. 200061 Telephone: (202) 640-6400 Facsimile: (202) 640-6401 JOSEPH M. REISMAN (SBN 196122) Joseph.Reisman@knobbe.com 12790 El Camino Real San Diego, CA 92310 Telephone: (858) 707-4000 Facsimile: (858) 707-4001 Attorneys for Third-Party GlaxoSmithKline Attorneys for Plaintiff PLEXXIKON INC. 16 IN THE UNITED STATES DISTRICT COURT 17 FOR THE NORTHERN DISTRICT OF CALIFORNIA 18 OAKLAND DIVISION 19 PLEXXIKON INC., 20 21 22 23 24 Case No. 4:17-cv-04405-HSG Plaintiff, v. NOVARTIS PHARMACEUTICALS CORPORATION, STIPULATION RE: DISCOVERY; [PROPOSED] ORDER Ctrm: 2 – 4th Floor Judge: Honorable Haywood S. Gilliam, Jr. Defendant. 25 26 27 28 STIPULATION RE: DISCOVERY; [PROPOSED] ORDER / CASE NO. 4:17-CV-04405-HSG 1 On August 20, 2018, Plaintiff Plexxikon Inc. (“Plexxikon”) filed a motion for leave to file a third 2 amended complaint, seeking leave to amend its complaint to add claims for patent infringement against 3 GlaxoSmithKline (“GSK”), in order to more easily obtain discovery from GSK. See ECF No. 90. 4 On August 22, 2018, Plexxikon filed a motion in the United States District Court for the Eastern 5 District of Pennsylvania to compel compliance with the two subpoenas it had previously served on GSK, 6 and in the alternative asking the court to transfer the motion to compel to the United States District for 7 the Northern District of California. See Plexxikon Inc. v. Novartis Pharmaceuticals Corp., 2:18-mc- 8 00162-MAK (E.D. Pa. Aug. 22, 2018), ECF No. 6. On August 29, 2018, GSK filed an opposition. See 9 id., ECF No. 17. On August 30, 2018, the court transferred the motion to compel to this district. See id., 10 ECF No. 21. 11 Plexxikon and GSK now wish to enter into a stipulation resolving their currently-outstanding 12 discovery disputes and the pending motion to compel and motion for leave to amend. Plexxikon and 13 GSK therefore stipulate as follows: 14 First, GSK will re-produce its current document production without any redactions made on the 15 basis of relevance. Plexxikon and GSK agree that GSK may maintain its redactions for privilege. GSK 16 may designate these documents “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant 17 to the stipulated protective order (ECF No. 63), with Section 7.3 modified to read as follows: 18 19 20 21 22 23 24 25 26 27 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A; (b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4(a)(2), below, have been followed; (c) the court and its personnel; 28 1 STIPULATION RE: DISCOVERY; [PROPOSED] ORDER / CASE NO. 4:17-CV-04405-HSG (d) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 1 2 3 (e) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 4 5 Under this designation, in house counsel for Plexxikon will not have access to GSK’s document 6 production bearing the “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation. Second, to the extent they exist, GSK will produce metadata for its prior document productions, 7 8 as well as for any document productions it makes in the future. That metadata will include the 9 production fields attached as Exhibit A. Third, GSK will produce one or more witnesses, subject to its objections, in response to a 10 11 deposition subpoena under Rule 30(b)(6) of the Federal Rules of Civil Procedure that Plexxikon 12 anticipates serving in the future. Plexxikon agrees that it will serve a single deposition subpoena on 13 GSK. 14 Fourth, GSK agrees that in any future subpoenas Plexxikon serves, it may list a place of 15 compliance in the Northern District of California, and consents to have any future motions to compel by 16 Plexxikon be brought in the United States District Court for the Northern District of California. 17 However, Plexxikon and GSK agree that any depositions of GSK witnesses will be at a place designated 18 by GSK. 19 Fifth, Plexxikon withdraws its motion for leave to file a third amended complaint (ECF No. 90) 20 and its pending motion to compel (Plexxikon Inc. v. Novartis Pharmaceuticals Corp., 2:18-mc-00162- 21 MAK (E.D. Pa. Aug. 22, 2018), ECF No. 6). 22 Sixth, Plexxikon will not file another motion to amend its complaint in this case to add claims for 23 patent infringement against GSK based on information that Plexxikon is currently aware of, nor will 24 Plexxikon file a new case against GSK alleging patent infringement based on the information contained 25 in Plexxikon’s motion to amend its complaint or its proposed amended complaint. Plexxikon reserves 26 the right to file a new case against GSK, and reserves the right to bring any other claims in that case. 27 28 2 STIPULATION; [PROPOSED] ORDER / CASE NO. 4:17-CV-04405-HSG 1 Dated: October 2, 2018 2 DURIE TANGRI LLP By: 3 4 Attorneys for Plaintiff PLEXXIKON INC. 5 6 /s/ Raghav R. Krishnapriyan RAGHAV R. KRISHNAPRIYAN Dated: October 2, 2018 KNOBBE, MARTENS, OLSON & BEAR, LLP 7 By: 8 9 /s/ William R. Zimmerman WILLIAM R. ZIMMERMAN Attorneys for Third Party GLAXOSMITHKLINE 10 FILER’S ATTESTATION 11 12 13 14 Pursuant to Civil L.R. 5-1(i)(3), regarding signatures, I, Raghav R. Krishnapriyan, attest that concurrence in the filing of this document has been obtained. Dated: October 2, 2018 /s/ Raghav R. Krishnapriyan RAGHAV R. KRISHNAPRIYAN 15 [PROPOSED] ORDER 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. 18 19 20 Dated: 10/4/2018 HAYWOOD S. GILLIAM, JR. United States District Judge 21 22 23 24 25 26 27 28 3 STIPULATION; [PROPOSED] ORDER / CASE NO. 4:17-CV-04405-HSG

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