Novartis Pharma AG v. Amgen, Inc.

Filing 136

ORDER: denying 133 Letter Motion for Discovery. Fact discovery commenced in this action on June 12, 2019 and is presently set to close on September 30, 2021. The Court does not anticipate granting any further extension of the fact discovery period. The deposition of Bradway shall proceed on September 15, 2021 for three hours, exclusive of breaks. Letter motion (Doc 133) is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/08/2021) (ama)

Case 1:19-cv-02993-PKC Document 136 Filed 09/08/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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NOVARTIS PHARMA AG,
Plaintiff,
-against-

19-cv-2993 (PKC)
ORDER

AMGEN, INC.,
Defendant.
-----------------------------------------------------------x
CASTEL, U.S.D.J.
Defendant-counterclaimant Amgen Inc. (“Amgen”) moves for a protective order
against the taking of the deposition of its CEO Robert Bradway. Novartis Pharma AG
(“Novartis”) opposes the motion. Amgen is, indeed, correct that depositions of high-level
executives are disfavored, and courts are quick to shut down such efforts when the high-level
executives have little or no first-hand information not known to others. For reasons set forth
below, Amgen’s motion will be denied.
Novartis has made a showing that Bradway has unique, non-cumulative
knowledge relevant to the action. He assertedly was instrumental in obtaining board approval of
the 2015 Agreement between the parties and offered “key” assistance in closing the 2017
Agreement. These are legitimate subjects to be probed. Novartis also has made a plausible case
for probing Bradway as to Amgen’s likely reaction to knowing of the Sandoz/Alder CMA before
entering int the 2017 Agreements.
Fact discovery commenced in this action on June 12, 2019 and is presently set to
close on September 30, 2021. The Court does not anticipate granting any further extension of

Case 1:19-cv-02993-PKC Document 136 Filed 09/08/21 Page 2 of 2

the fact discovery period. The deposition of Bradway shall proceed on September 15, 2021 for
three hours, exclusive of breaks.
Letter motion (Doc 133) is DENIED.
SO ORDERED.

Dated: New York, New York
September 8, 2021

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