GlaxoSmithKline Biologicals SA and GlaxoSmithKline LLC v. Pfizer Inc., Pharmacia & Upjohn Co. LLC, BioNTech SE, BioNTech Manufacturing GmbH, and BioNTech US Inc.; GlaxoSmithKline Biologicals SA and GlaxoSmithKline LLC v. Moderna, Inc., ModernaTX, Inc., and Moderna US, Inc.

Summary

This memorandum opinion and order addresses GSK's motion to limit and coordinate third-party depositions in three related patent infringement actions involving Pfizer, BioNTech, and Moderna. The Special Master denied the motion, concluding that the scheduling orders did not impose collective deposition-time limits or require substantive coordination and that GSK had not shown good cause to modify them.

Holdings

1. The requested collective ten-hour deposition limit was denied because GSK was bound by the compromises embodied in the scheduling orders and failed to demonstrate good cause to modify them or sufficient undue burden on the witnesses.
2. The motion to require substantive coordination of questioning and attendance at the other defendants’ depositions was denied because the scheduling orders required only logistical coordination of deposition scheduling, not coordination of questioning or sharing of deposition time.

Questions Presented

1. Whether the scheduling orders should be modified to impose a collective ten-hour limit on defendants’ depositions of third-party witnesses, including named inventors.
2. Whether defendants should be required to coordinate substantive questioning and attend one another’s depositions to prevent cumulative or duplicative discovery.
3. Whether GSK demonstrated good cause under the scheduling orders and applicable discovery rules to obtain the requested restrictions.

Disposition

other