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Genentech, Inc. v. Amgen Inc.

United States District Court for the District of Delaware

March 30, 2020, Filed

Civ. No. 17-1407- CFC, Consol.; Civ. No. 18-924-CFC

Opinion

MEMORANDUM ORDER

Recent sealed and redacted filings in these related cases make clear that the parties are not giving due regard to the public's right of access to judicial records or the "good cause" standard that governs protective orders under Federal Rule of Civil Procedure 26(c).

In the [*6]  18-924 action, for example, Defendant Amgen Inc. filed on March 3, 2020 a sealed stipulated proposed order allowing it to delay the filing of its trial exhibit list, which had been due that day. Amgen had good reason to request a delay. Its electronic discovery platform for these cases was hosted by Epiq Systems, Inc.; and, as Epiq had publicly announced on March 2nd, Epiq's systems were compromised by a ransomware attack on February 29th, causing Epiq to take its systems offline.1 Without access to the discovery housed on Epiq's systems, Amgen understandably could not meet the March 3rd deadline. Because of the urgency of the matter, I signed the stipulated order that day without giving thought to its sealed status.

On March 10th, Amgen filed a redacted public version of the stipulated order. That redacted version reads in relevant part:

WHEREAS, [TEXT REDACTED BY THE COURT];

WHEREAS, Epiq experienced a complete and total system-wide interruption of all services (the "Epiq outage") beginning the morning of Saturda , February 29, 2020 see attached Declaration of [TEXT REDACTED BY THE COURT]);

WHEREAS, as a result of the Epiq outage, [TEXT REDACTED BY THE COURT];

WHEREAS Amgen's Initial Exhibit [*7]  List (L.R. 16 (3)(6)) is currently due Tuesday, March 3, 3030;

WHEREAS [TEXT REDACTED BY THE COURT];

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2020 U.S. Dist. LEXIS 54775 *

GENENTECH, INC. and CITY OF HOPE, Plaintiffs, v. AMGEN INC., Defendant.GENENTECH, INC. and CITY OF HOPE, Plaintiffs, v. AMGEN INC., Defendant.

Prior History: Genentech, Inc. v. Amgen Inc., 2018 U.S. Dist. LEXIS 9544 (D. Del., Jan. 22, 2018)

CORE TERMS

redacted, parties, filings, sealed, cases, cell, fermentation, discovery, stipulated order, mammalian, proprietary, patent, trade secret, confidential