In re HIV Antitrust Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division PETER STALEY, et al., Case No. 19-cv-02573-EMC(LB)

Plaintiffs,

DISCOVERY ORDER

v. Re: ECF No. 617 GILEAD SCIENCES, INC., et al., Defendants.

17 The parties dispute whether Janssen appropriately redacted information about loss of patent 18 exclusivity as privileged. Janssen contends that the information reflects its attorneys’ legal 19 impressions, and the plaintiffs contend that the information is not privileged because the 20 predominant purpose of the communication was business strategy, not legal advice. The parties 21 submitted nine documents for in camera review as a representative sample of their dispute.1 22 The court held a hearing on May 20, 2021 and issued an order the following day finding that 23 Exhibit 3 and Exhibit 9, which is a draft of Exhibit 3, are privileged. The court also found that the 24 first rows and the second bullet points in the third rows of Exhibit 5, page 156, and Exhibit 6, page 25 163, are privileged. The…