Onyx Therapeutics, Inc. v. CIPLA Limited et al

Filing 396

MEMORANDUM ORDER re in camera review of documents and the parties' proposed scheduling order. Plaintiff's request for leave to file motion for summary judgment addressing Defendants' unclean hands defenses as to the '112 patent is granted. Signed by Judge Leonard P. Stark on 1/24/19. (ntl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

ONYX THERAPEUTICS, INC.,
Plaintiff,
V.

C.A. No. 16-988-LPS

CIPLA LIMITED, et al.,

CONSOLIDATED FOR
DISCOVERY PURPOSES

Defendants.

MEMORANDUM ORDER

Pending before the Court are the parties' disputes related to Plaintiff's privilege log (see
D.I. 377), a proposed scheduling order (see D.I. 363 at 2-3), and summary judgment motions
(see id. at 4-5). On January 17, 2019, the Court held a teleconference to hear arguments related

to Plaintiff's privilege log. During the call, the Court instructed the parties to submit a letter
containing their proposals to resolve the dispute and a list of entries from the privilege log that
may be submitted to the Court for in camera review. In a joint letter, Defendants identify 20
entries for review. (D.I. 377 at 2) Plaintiff identifies 10 (one of which is also on Defendants'
list), but asks the Court to limit any review to only those entries listed in Defendants' October 31
letter (see D.I. 290). (D.I. 377 at 3-4) Otherwise, Plaintiff asks that the parties meet and confer
to select the documents for review. (Id.)
Having considered the parties' joint letter brief (D.I. 377), and in an effort to expedite
resolution of certain disputes in anticipation of trial, IT IS HEREBY ORDERED that, no later
than January 28, Plaintiff (a) shall submit to the Court for in camera review all documents and
attachments for each privilege log entry identified by the parties in the joint letter (Entry Nos. 48,

90,91 , 94,95,98, 99, 102,108, 110, 114, 116, 128,129,713,758,763,764, 766,773,780,782,
958,960,965,974, 980, 1062, and 1066); (b) shall provide the Court a copy of the entire
privilege log if one has not already been provided (see D.I. 290-1 at 21-268); and (c) may submit
a brief statement of no more than 100 words for each submitted document explaining the basis
for each claim of privilege.

IT IS FURTHER ORDERED that:
1.

The Court will not decide whether Plaintiff has waived privilege until after

conducting the in camera review.
2.

Having reviewed the parties ' proposed scheduling order (D.I. 363), the Court

agrees with Defendants' proposed schedule, as it best accounts for the ongoing privilege log
dispute. Plaintiff shall, no later than January 28, (a) submit a scheduling order on behalf of all
parties incorporating Defendants' proposals, and (b) respond to Defendants' first supplemental
contentions. Plaintiff may also serve a single substantive response addressing all Defendants'
final supplemental contentions by March 1.
3.

Finally, Plaintiffs request for leave to file a motion for summary judgment

addressing Defendants' unclean hands defenses as to the' 112 Patent is GRANTED .

HONORABLE LEONARD P. STARK
UNITED STATES DISTRICT JUDGE

January 24, 2019
Wilmington, Delaware

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