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

Filing 1175

BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Defendants' Motion in Limine to preclude Plaintiaff Amgen Inc. From Offering Testimony Concerning Epogen From Fact Witness Dr. Lin Who Lacks Personal Knowledge. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Fleming, Thomas)

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

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EXHIBIT A

Dockets.Justia.com

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS Civil Action No. 97-10814-WGY ***************** * AMGEN, INC., * * Plaintiff, * * v. * DAILY TRANSCRIPT * OF THE EVIDENCE HOECHST MARION ROUSSEL, INC. * (Volume 7) and * TRANSKARYOTIC THERAPIES, INC., * * Defendants. * * ***************** BEFORE: The Honorable William G. Young, District Judge APPEARANCES: DAY CASEBEER MADRID & BATCHELDER, LLP (By Lloyd R. Day, Jr., Esq., Stuart Watt, Esq. and Rob Galvin, Esq.) 20400 Stevens Creek Blvd., Suite 750, Cupertino, California 95014 - and MARSHALL, O'TOOLE, GERSTEIN, MURRAY & BORUN (By Edward M. O'Toole, Esq. and Michael F. Borun, Esq.), 6300 Sears Tower, 233 S. Wacker Drive, Chicago, Illinois 60606-6402P - and DUANE, MORRIS & HECKSCHER, LLP (By D. Dennis Allegretti, Esq.), One International Place, Boston, Massachusetts 02110-2600, on behalf of the Plaintiff

1 Courthouse Way Boston, Massachusetts June 7, 2000

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too. Q. Did there come a time, to your knowledge, when any

clinical testing of the material you made was conducted? A. Yes. Amgen recombinant human erythropoietin was tested

in -- was tested in a clinical trial in December 1981 -I'm sorry, December 1985, that's for the combined Phase I, II trial. September 1986. MR. SCHWARTZ: THE COURT: Your Honor? And have a Phase III trial in

Mr. Schwartz? I think we're into hearsay now as I didn't hear anything I move to

MR. SCHWARTZ:

to what went on in clinical trials.

suggesting the witness had personal knowledge. strike the rest of that. MR. ALLEGRETTI: THE COURT: That --

Please, please, always talk to me. It sounds like hearsay

We'll let him try to fill that in. to me. MR. ALLEGRETTI:

I asked him if he had any

personal knowledge of that, your Honor. THE COURT: THE WITNESS: THE COURT: THE WITNESS: Did you do these clinical trials? I did not. Who did them? This Joe Eschbach, nephrologist at But we have --

University of Washington.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here. Q. journal.

THE COURT: THE WITNESS:

How did you know about them? Oh, I know him. Because we, for the

clinical trial, initially, we have potential clinicians before we started. THE COURT: THE WITNESS: THE COURT: THE WITNESS: THE COURT: THE WITNESS: THE COURT: THE WITNESS: And you selected him? He was one of them. He did the trials? Yes, he was one Amgen selected. But he's the one who did these trials? That's right, yes. Correct.

He reported the results to you? No. He reported result in the

THE COURT: THE WITNESS: THE COURT: THE WITNESS: THE COURT: THE WITNESS: THE COURT:

In a journal? Yes. And then you read the journal? That's correct, yes. And used the information? That's correct, yes. Motion to strike's allowed.

Dr. Lin, do you have any personal knowledge of what

the -- when the FDA approved an EPO product of Amgen? MR. SCHWARTZ: THE COURT: Same objection, your Honor. I'm a little at sea

Yeah, sustained.

We've changed gears now in the trial, and I guess

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THE CLERK:

All rise.

(Adjournment.)

CERTIFICATE

We, Donald E. Womack and Cheryl B. Palanchian, Official Court Reporters for the United States District Court for the District of Massachusetts, do hereby certify that the foregoing pages are a true and accurate transcription of our shorthand notes taken in the aforementioned matter to the best of our skill and ability.

_____________________________

_____________________________ 20 DONALD E. WOMACK 21 CHERYL B. PALANCHIAN Official Court Reporters 22 1 Courthouse Way, Suite 5510 Boston, Massachusetts 02210 23 24 25 [phone]