Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Filing 1003

MOTION for Leave to File a Reply and Declaration in Further Support of Amgen's Motion in Limine 17: To Exlcude Roche From Presenting Evidence to Challenge the Non-Obviousness of the DNA Sequence Encoding for Human Erythropoietin in 1983 by Amgen Inc.. (Attachments: #1 Exhibit A (proposed reply brief)#2 Exhibit B (Proposed William Gaede Declaration in Support of Reply)#3 (Exhibit 1 to Proposed Gaede Declaration)#4 (Exhibit 2 to Proposed Gaede Declaration)#5 Exhibit 3 to Proposed Gaede Declaration#6 Exhibit 4 to Proposed Gaede Declaration)(Gottfried, Michael)

Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Doc. 1003 Att. 2

Case 1:05-cv-12237-WGY

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ATTACHMENT B

Dockets.Justia.com

Case 1:05-cv-12237-WGY

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, v. F. HOFFMANN-LA ROCHE LTD, a Swiss Company, ROCHE DIAGNOSTICS GMBH, a German Company, and HOFFMANN LA ROCHE INC., a New Jersey Corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No.: 1:05-CV-12237 WGY

DECLARATION OF WILLIAM G. GAEDE, III IN SUPPORT OF PLAINTIFF AMGEN INC.'S REPLY IN SUPPORT OF ITS MOTION IN LIMINE NO. 17 TO EXCLUDE ROCHE FROM PRESENTING EVIDENCE TO CHALLENGE THE NON-OBVIOUSNESS OF THE DNA SEQUENCE ENCODING FOR HUMAN ERYTHROPOIETIN IN 1983 I, William G. Gaede, III, declare as follows: 1. I am a partner with McDermott Will & Emery LLP and counsel for Amgen, Inc.

in the above-captioned matter. 2. I am submitting this declaration in support of Plaintiff Amgen Inc.'s Reply in

Support of Its Motion in Limine No. 17 To Exclude Roche From Presenting Evidence To Challenge the Non-Obviousness of the DNA Sequence Encoding for Human Erythropoietin in 1983. 3. I have knowledge of the following, and if called as a witness, could and would

testify competently to the contents herein. 4. Attached as Exhibit 1 is a true and correct copy of a F. Hoffman-La Roche Ltd

press release dated June 27, 2002.

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GAEDE DECL. RE AMGEN'S REPLY TO M/LIMINE NO. 17 CIVIL ACTION NO. 1:05-CV-12237 WGY

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5.

Attached as Exhibit 2 is a true and correct copy of a letter from the chairman

contained in F. Hoffman-La Roche Ltd's 2002 annual report. This letter can be obtained at: http://www.roche.com/pages/downloads/investor/pdf/reports/gb02/e02.pdf. 6. Attached as Exhibit 3 is a true and correct copy of selected pages from the May 8,

2007, Second Supplemental Expert Report of Dr. Lowe. 7. Attached as Exhibit 4 is a true and correct copy of select pages from the

Designated Deposition Transcript of Takaji Miyake from Amgen Inc. v. Chugai Pharmaceutical Co., Ltd., et al, Civil Action No. 87-2617-Y, (U.S.D.C. Mass) which has been submitted as a deposition designation to be used at trial by Roche in this case. I declare, under penalty of perjury, under the laws of the United States, that the foregoing is true and correct and that this Declaration was completed at Palo Alto, California this 6th day of September 2007. /s/William G. Gaede, III William G. Gaede, III

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GAEDE DECL. RE AMGEN'S REPLY TO M/LIMINE NO. 17 CIVIL ACTION NO. 1:05-CV-12237 WGY

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CERTIFICATE OF SERVICE I hereby certify that this document filed through the Electronic Case Filing (ECF) system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on the above date. /s/ Michael R. Gottfried Michael R. Gottfried

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PROOF OF SERVICE CIVIL ACTION NO. 1:05-CV-12237 WGY