AbCellera Biologics Inc. v. Bruker Cellular Analysis, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ABCELLERA BIOLOGICS INC, et al., Case No. 20-cv-08624-JST (VKD)

Plaintiffs,

FURTHER ORDER RE APRIL 28, 2025

v. DISCOVERY DISPUTE LETTER

BRUKER CELLULAR ANALYSIS, INC., Re: Dkt. Nos. 343, 359 Defendant.

12 At the Court’s direction, on May 23, 2025, plaintiff AbCellera Biologics, Inc. (“AbCellera”) submitted the declaration of Andrew Booth for in camera review. See Dkt. No. 359 at 8-9. Having reviewed the declaration, the Court finds that it includes factual information regarding matters the Court previously concluded are relevant to the parties’ respective damages calculations. See id. at 4. Mr. Booth should have been permitted to testify regarding this information during his deposition. However, the declaration also includes material that is properly protected from disclosure by the joint defense privilege—specifically, communications between UBC and AbCellera, co-plaintiffs in this action, about a matter in which they have a common legal…