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

Filing 1106

DECLARATION re #1105 MOTION in Limine to Preclude Plaintiff from Arguing to the Jury that Epogen Improves Quality of Life Where the FDA Does Not Support the Inclusion of Such Claims on the Product Label (of Keith E. Toms) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Toms, Keith) Additional attachment(s) added on 9/25/2007 (Paine, Matthew).

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

Doc. 1106

Case 1:05-cv-12237-WGY

Document 1106

Filed 09/23/2007

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, vs. F. HOFFMANN-LA ROCHE, LTD; ROCHE DIAGNOSTICS GmbH; and HOFFMANN-LA ROCHE INC. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION No.: 05-CV-12237WGY

MOTION IN LIMINE TO PRECLUDE PLAINTIFF FROM ARGUING TO THE JURY THAT EPOGEN IMPROVES QUALITY OF LIFE WHERETHE FDA DOES NOT SUPPORT THE INCLUSION OF SUCH CLAIMS ON THE PRODUCT LABEL I, Keith E. Toms, declare under penalty of perjury that: 1. I am an attorney admitted to the Bar of the Commonwealth of Massachusetts and

and this Court. I am an associate at the law firm of Bromberg & Sunstein, LLP, counsel for Defendants in the above-referenced case. 2. I make this declaration in support of Roche's Motion In Limine to Exclude

Deposition Testimony of Dr. Leroy Hood, whom Amgen Did Not Identify as an Expert or Disclose as a Knowledgeable Witness Under Rule 26(A)(1). 4. Exhibit A is a true and correct copy of the webpage titled FDA Alert, March 9,

2007, which is available at http://www.fda.gov/cder/drug/InfoSheets/HCP/RHE2007HCP.htm. 5. Exhibit B is a true and correct copy of a document titled FDA Advisory

Committee Briefing Document Joint Meeting of the Cardiovascular and Renal Drugs Advisory Committee and the Drug Safety and Risk Management Committee, dated September 9, 2007.
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Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 1106

Filed 09/23/2007

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6.

Exhibit C. is a true and correct copy of an article from the New York Times

entitled F.D.A. Advisory Panel Opposes Curb on Anemia Drugs, dated September 12, 2007, which is available at http://www.nytimes.com/2007/09/12/business/12anemia.html?_r=1&oref=slogin. Dated: September 24, 2007 Boston, Massachusetts /s/ Keith E. Toms Keith E. Toms

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 (NEF). Pursuant to agreement of counsel dated September 9, 2007, paper copies will not be sent to those indicated as non registered participants. /s/ Keith E. Toms Keith E. Toms
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