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Takeda Pharmaceutical Co., Ltd. v. Twi Pharmaceuticals, Inc.

United States District Court, N.D. California, San Jose Division

December 10, 2014

TAKEDA PHARMACEUTICAL CO., LTD., TAKEDA PHARMACEUTICALS U.S.A., INC., AND TAKEDA PHARMACEUTICALS AMERICA, INC., Plaintiffs,
v.
TWI PHARMACEUTICALS, INC., Defendant.

Plaintiff's Attorney: Heather Takahashi.

Defendant's Attorney: Don J. Mizerk.

CASE MANAGEMENT ORDER

LUCY H. KOH, District Judge.

A case management conference was held on December 10, 2014. A further case management conference was set for March 19, 2015, at 1:30 p.m. The parties shall file their joint case management statement by March 12, 2015.

The Court hereby ORDERS Takeda to produce all TAP Pharmaceuticals inventor e-mails (with attachments) from 2000 to 2008 no later than December 23, 2014, and all TAP licensing documents no later than January 7, 2015. TWi will consult with Takeda regarding custodians for the licensing documents. Takeda will produce the documents to TWi on a rolling basis, beginning as soon as possible.

As a result, the Court will allow TWi to re-depose the following individuals:

• The six (total) inventors of the '158 and '187 Patents;
• The '158 and '187 Patent prosecutors (Mr. Yasger, Ms. Mueller, and Mr. Buonaiuto);
• TAP Pharmaceuticals CEO Watkins;
• Mr. Yasger (both as to licensing and as to patent prosecution);

• Mr. Frapaise; and

• Individuals associated with the 2006-2007 development of dissolution protocol for TAP's New Drug Application.

All depositions, except for the inventor who resides in New York City, shall be held in Chicago. The Court hereby ORDERS that Takeda shall bear the following ...


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