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

Filing 1137

MOTION for Leave to File to File an Oversized Brief in Support of its Motion for Judgment as a Matter of Law Pursuant to Rule 50(a) by Amgen Inc.. (Attachments: #1 Exhibit A (Amgen Inc.'s Memorandum in Support of Its Motion for Judgment as a Matter of Law Pursuant to Rule 50(a))(Rich, Patricia)

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

Doc. 1137

Case 1:05-cv-12237-WGY

Document 1137

Filed 09/25/2007

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) Plaintiff, ) 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.,

Civil Action No. 05 CV 12237 WGY

PLAINTIFF AMGEN INC.'S MOTION FOR LEAVE TO FILE A BRIEF IN EXCESS OF THE PAGE LIMIT IN SUPPORT OF ITS MOTION FOR JUDGMENT AS A MATTER OF LAW Pursuant to L.R. 7.1, Amgen Inc. respectfully moves this Court for leave to file a thirtynine page brief in support of its Motion For Judgment As a Matter of Law ("JMOL motion"). As grounds for this motion, Amgen states that it has made a good faith attempt to address all factual and legal bases for is JMOL motion within the twenty page limit set by L.R. 7.1(b)(4). Amgen's JMOL motion is directed at five different defenses raised by Roche and because of the number of issues involved and their complexity, Amgen respectfully submits that exceeding the page limit is reasonable under the circumstances. A copy of the brief is attached hereto as exhibit A.

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Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 1137

Filed 09/25/2007

Page 2 of 3

Dated: September 25, 2007

Respectfully Submitted, AMGEN INC., By its attorneys,

Of Counsel: STUART L. WATT WENDY A. WHITEFORD MONIQUE L. CORDRAY DARRELL G. DOTSON KIMBERLIN L. MORLEY ERICA S. OLSON AMGEN INC. One Amgen Center Drive Thousand Oaks, CA 91320-1889 [phone]

/s/ Patricia R. Rich 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 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] KEVIN M. FLOWERS MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago IL 60606 Telephone: [phone] Facsimile: [phone]

Case 1:05-cv-12237-WGY

Document 1137

Filed 09/25/2007

Page 3 of 3

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 no agreement was reached. /s/ Patricia R. Rich Patricia R. Rich

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 September 25, 2007. /s/ Patricia R. Rich Patricia R. Rich

DM1\1198550.1