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Glaxo Group Limited and Glaxosmithkline LLC v. Genentech

February 23, 2011

GLAXO GROUP LIMITED AND GLAXOSMITHKLINE LLC, PLAINTIFFS,
v.
GENENTECH, INC., AND CITY OF HOPE,
DEFENDANTS. GENENTECH, INC. AND CITY OF HOPE, COUNTER-PLAINTIFFS,
v.
GLAXO GROUP LIMITED AND GLAXOSMITHKLINE LLC COUNTER-DEFENDANTS.



The opinion of the court was delivered by: Judge: Hon. Mariana R. Pfaelzer

ORDER ON STIPULATED PROTECTIVE ORDER

Ctrm: 12

DURIE TANGRI LLP Daralyn J. Durie (SBN 169825) ddurie@durietangri.com Mark A. Lemley (SBN 155830) mlemley@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: (415) 362-6666 Facsimile: (415) 236-6300 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Kenneth A. Gallo kgallo@paulweiss.com 2001 K. Street, NW Washington, DC 20006 Telephone: (202) 223-7300 Facsimile: (202) 223-7420 Attorneys for Defendants and Counter-Plaintiffs GENENTECH, INC. and CITY OF HOPE

ORDER

The parties having entered into a Stipulated Protective Order providing the terms and conditions for the confidentiality of all information, documents and other items subject to discovery in this Action, a copy of which is attached hereto as Exhibit A, and for GOOD CAUSE SHOWN.

IT IS SO ORDERED this 1st day of March, 2011.

Hon. Mariana R. Pfaelzer United States District Court

EXHIBIT A

MAYER BROWN LLP ELIZABETH MANN emann@mayerbrown.com 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: (213) 229-9500 Facsimile: (213) 625-0248 LISA M. FERRI Admitted Pro Hac Vice LFerri@mayerbrown.com BRIAN W. NOLAN Admitted Pro Hac Vice BNolan@mayerbrown.com 1675 Broadway New York, NY 10019-5820 Telephone: (212) 506-2500 Facsimile: (212) 262-1910 Attorneys for Plaintiffs and Counter-Defendants GLAXO GROUP LIMITED and GLAXOSMITHKLINE LLC COUNSEL CONTINUED ON NEXT PAGE

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA GLAXO

Case No. CV-10-02764 MRP (FMOx)

GROUP LIMITED and GLAXOSMITHKLINE LLC, Plaintiffs, v. GENENTECH, INC., and CITY OF HOPE, Judge: Hon. Mariana R. Pfaelzer Ctrm: 12 Defendants. GENENTECH, INC. and CITY OF HOPE, Counter-Plaintiffs, v. GLAXO GROUP LIMITED and GLAXOSMITHKLINE LLC Counter-Defendants.

CORRECTED [PROPOSED] STIPULATED PROTECTIVE ORDER

DURIE TANGRI LLP Daralyn J. Durie (SBN 169825) ddurie@durietangri.com Mark A. Lemley (SBN 155830) mlemley@durietangri.com 217 Leidesdorff Street San Francisco, CA 94111 Telephone: (415) 362-6666 Facsimile: (415) 236-6300 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Kenneth A. Gallo kgallo@paulweiss.com 2001 K. Street, NW Washington, DC 20006 Telephone: (202) 223-7300 Facsimile: (202) 223-7420 Attorneys for Defendants and Counter-Plaintiffs GENENTECH, INC. and CITY OF HOPE

The Court recognizes that at least some of the documents and information ("materials") being sought through discovery in the above-captioned action ("Action") are not publicly available and, for competitive reasons, normally kept confidential by the parties. The parties have agreed to be bound by the terms of this Protective Order ("Order") in this action.

The materials to be exchanged throughout the course of the litigation between the parties may contain trade secret or other confidential research, technical, cost, price, marketing or other commercial information, as is contemplated by Federal Rule of Civil Procedure 26(c)(1)(G). The purpose of this Order is to protect the confidentiality of such materials as much as practical during the litigation. THEREFORE:

DEFINITIONS

1. The term "Confidential Information" shall mean and include information contained or disclosed in any materials, including documents, portions of documents, answers to interrogatories, responses to requests for admissions, deposition testimony, and transcripts of depositions, including data, summaries, and compilations derived therefrom that is deemed to be Confidential or Highly Confidential by any party to which it belongs. Each party shall act in good faith, showing good cause, in designating such information as Confidential or Highly Confidential.

2. The term "materials" shall include, but shall not be limited to: documents; correspondence; memoranda; bulletins; blueprints; protocols; data compilations; patent applications; specifications; customer lists or other material that identify customers or potential customers; price lists or schedules or other matter identifying pricing; minutes; telegrams; letters; statements; cancelled checks; contracts; invoices; drafts; books of account; worksheets; notes of conversations; desk diaries; appointment books; expense accounts; recordings; photographs; motion pictures; compilations from which information can be obtained and translated into reasonably usable form through detection devices; sketches; drawings; notes (including laboratory notebooks and records); reports; instructions; disclosures; other writings; presentations; business practices; models and prototypes and other physical objects.

3. The term "counsel" shall mean outside counsel of record, and other attorneys, paralegals, secretaries, and other support staff employed by the law firms identified below or other persons hired or used by these firms for purpose of the preparation and trial of this Action, such as discovery vendors, mock jurors, and trial and jury consultants:

Paul, Weiss, Rifkind, Wharton & Garrison LLP and Durie Tangri LLP, counsel for Defendants Genentech, Inc. and City of Hope; and

Mayer Brown LLP, counsel for Plaintiffs GlaxoSmithKline LLC and Glaxo Group Limited.

"Counsel" also includes in-house litigation team members as follows: Gregory Schetina and an attorney to-be-designated at a later date, in-house attorneys for Defendant City of Hope, and their associated paralegals, secretaries, and other support staff;

Hannah Williams, Laura Storto, and Mark Jackson, in-house attorneys, for Defendant Genentech, Inc. and their associated paralegals, secretaries, and other support staff; and

Charles Kinzig, Mark Rachlin, in-house attorneys, and up to one additional in-house attorney to be identified at a later date for Plaintiffs GlaxoSmithKline LLC and Glaxo Group Limited and their associated paralegals, secretaries, and other support staff;

Notwithstanding the foregoing, during the pendency of this Action and for two (2) years following the exhaustion of all appeals thereof, the above-identified in-house litigation team members shall not be involved in any of the following activities:

(a) competitive business decisions regarding the pricing or marketing of present or future anti-CD20 antibody products (this category does not include ...


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