SAM GLASSCOCK III VICE CHANCELLOR
Jody C. Barillare
The Nemours Building
1007 N. Orange Street, Suite 501
Morgan, Lewis & Bockius LLP
Wilmington, DE 19801 John P. DiTomo
Elizabeth A. Mullin
Aubrey J. Morin
Morris, Nichols, Arsht & Tunnell LLP
1201 North market Street
Wilmington, DE 19801 Gregory P. Williams
Steven J. Fineman
Nicole K. Pedi
Angela Lam
Richards, Layton & Finger, P.A.
920 North King Street
Wilmington, DE 19801 Privilege disputes Dear Counsel:
I received the documents and deposition transcript passages that remain in dispute in this matter, and I have had the opportunity to review them. With regard to the four challenged documents (Bates labeled HARPOON00000144, MPM0061972, MPM0062259, and MPM0065502), I find that the joint privilege is waived because these were provided to Harpoon's testifying expert, Dr. Bruce Tidor. I find that Maverick and Millennium's argument regarding waiver is not time-barred, given the recent nature of Dr. Tidor's report and the several intervening meet and confers that took place regarding discovery.
I acknowledge Harpoon's attempt to parse Dr. Tidor's responses between Maverick and Millennium; nonetheless, Dr. Tidor had the documents and reached his opinions in reliance upon them, and therefore the privilege is waived. --------
Regarding the twelve disputed passages from the depositions of Dr. Luke Evnin and Michael Hostetler, I find they concern areas of attorney-client privilege and are therefore protected by the joint privilege. As such, the twelve passages identified by the parties in the materials I received will remain redacted.
To the extent the foregoing requires an order to take effect, it is SO ORDERED.
Sincerely,
/s/ Sam Glasscock III
Sam Glasscock III