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

Filing 105

MOTION to Seal Document by Amgen Inc..(Gottfried, Michael)

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

Doc. 105

Case 1:05-cv-12237-WGY

Document 105

Filed 07/21/2006

Page 1 of 4

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ____________________________________ AMGEN INC., ) ) Plaintiff, ) ) C.A. NO.: 05-12237-WGY v. ) ) ) F. HOFFMANN-LAROCHE ) LTD., a Swiss Company, ROCHE ) DIAGNOSTICS GmbH, a German ) Company and HOFFMANN LAROCHE ) INC., a New Jersey Corporation, ) ) Defendants. ) AMGEN INC.'S MOTION TO FILE DOCUMENT UNDER SEAL Pursuant to Local Rule 7.2(e), Plaintiff Amgen Inc. ("Amgen") hereby moves this Court for leave to file under seal its Petition Objecting to the ITC Administrative Law Judge's ("ALJ's") Initial Determination dated July 7, 2006 (the "Petition"). Amgen seeks leave to file the Petition in this action only because the Court has granted the Defendants' motion to file the ALJ's Initial Determination in this action. Amgen does not believe that the grounds for the ALJ's Initial Determination are relevant to the issues raised by the Defendants' currently pending Motion to Dismiss in this Court. However, if the Court is inclined to consider any part of the Initial Determination in resolving Defendants' pending motion, the Court should also receive and consider Amgen's Petition (for the reasons set forth in Amgen's Post Hearing Memorandum in Opposition to Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction). Conversely, if the Court denies the instant motion to file the Petition, the Court should not consider the Initial Determination in resolving Defendants' pending motion to dismiss. 1
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Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 105

Filed 07/21/2006

Page 2 of 4

Amgen seeks leave to file the Petition under seal because it contains information that has been designated confidential by the Defendants under the Protective Order entered in the ITC Proceeding (the "ITC Protective Order"), Pursuant to the terms of the ITC Protective Order, Amgen sought Defendants' assent to filing the Petition under seal in this action. Defendants objected to the filing of the Petition in this action. WHEREFORE, Amgen respectfully requests that the Court grant Amgen leave to file the Petition under seal and that the Court order that the Petition will remain under seal until such time as a further order of the Court issues.

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Case 1:05-cv-12237-WGY

Document 105

Filed 07/21/2006

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Dated: July 21, 2006

Respectfully Submitted, AMGEN INC., By its attorneys, /s/ Michael R. Gottfried D. DENNIS ALLEGRETTI (BBO#545511) MICHAEL R. GOTTFRIED (BBO#542156) PATRICIA R. RICH (BBO# 640578) DUANE MORRIS LLP 470 Atlantic Avenue, Suite 500 Boston, MA 02210 Telephone: [phone] Facsimile: [phone] LLOYD R. DAY, JR. DAVID M. MADRID LINDA A. SASAKI-BAXLEY DAY CASEBEER MADRID & BATCHELDER LLP 20300 Stevens Creek Boulevard, Suite 400 Cupertino, CA 95014 Telephone: [phone] Facsimile: [phone] WILLIAM GAEDE III McDERMOTT WILL & EMERY 3150 Porter Drive Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] MICHAEL F. BORUN KEVIN M. FLOWERS MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago IL 60606 Telephone: [phone] Facsimile: [phone]

Of Counsel:

STUART L. WATT WENDY A. WHITEFORD MONIQUE L. CORDRAY DARRELL DOTSON MARY SUSAN HOWARD KIMBERLIN MORLEY AMGEN INC. One Amgen Center Drive Thousand Oaks, CA 91320-1789 [phone]

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Case 1:05-cv-12237-WGY

Document 105

Filed 07/21/2006

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CERTIFICATE PURSUANT TO LOCAL RULE 7.1 I certify that counsel for the parties have conferred in an attempt to resolve or narrow the issues presented by this motion and that counsel for F. Hoffman-LaRoche Ltd., Hoffman LaRoche Inc., and Roche Diagnostics, GmBh, does not consent to Amgen filing its Petition Objecting to the ITC Administrative Law Judge's Initial Determination dated July 7, 2006. However, in the event the Court accepts the filing, Defendants assent to Amgen's request for leave to file the Petition under seal.

/s/ Michael R. Gottfried Michael R. Gottfried

CERTIFICATE OF SERVICE I hereby certify that this document, filed through the ECF system, will be sent electronically to the registered participants as identified on the Notice of Electronic Filing and paper copies will be sent to those indicated as non-registered participants on July 21, 2006.

/s/ Michael R. Gottfried Michael R. Gottfried

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