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

Filing 1208

MOTION TO SUPPLEMENT TRIAL EXHIBIT 2011 by Amgen Inc..(Gottfried, Michael)

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

Doc. 1208

Case 1:05-cv-12237-WGY

Document 1208

Filed 10/01/2007

Page 1 of 3

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

Civil Action No.: 05-12237 WGY

AMGEN INC.'S MOTION TO SUPPLEMENT TRIAL EXHIBIT 2011 Amgen respectfully moves this Court to allow it to supplement Trial Exhibit 2011 by offering as Trial Exhibit 2011(A) a duplicate copy of the original declaration of Thomas Wayne Strickland Pursuant to 37 C.F.R. § 1.132.1 A copy of that declaration is currently admitted into evidence as part of Exhibit 2011 (Bates Range AM-ITC 00941120-941135). The Strickland declaration was submitted to the Patent Office during the prosecution of U.S. patent application no. 113,178. Amgen submits that this substitution is necessary because the copy of the Strickland declaration admitted as Exhibit 2011 contains photographs that are unreadable and unclear. Amgen asks that this Court permit it to substitute this duplicate original declaration as

At the time Mr. Strickland executed this declaration he executed two originals. One original was filed with the Patent Office and the second original was kept by Amgen's counsel. It is this second document that Amgen seeks to have added to the record. Amgen will provide the document to the Court in hard copy on Monday, October 1, 2007.

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Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 1208

Filed 10/01/2007

Page 2 of 3

Exhibit 2011(A) in order that the jury and this Court may better understand the evidence portrayed in those photographs. Dated: October 1, 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 91320-1789 [phone] /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. (pro hac vice) DAY CASEBEER, MADRID & BATCHELDER LLP 20300 Stevens Creek Boulevard, Suite 400 Cupertino, CA 95014 Telephone: [phone] Facsimile: [phone] Michael Kendall (BBO#544866) Daniel A. Curto (BBO #639883) McDERMOTT WILL & EMERY 28 State Street Boston, MA 02109 Telephone: [phone] Facsimile: [phone] Kevin M. Flowers (pro hac vice) MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago, IL 60606 Telephone: [phone] Facsimile: [phone]

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Case 1:05-cv-12237-WGY

Document 1208

Filed 10/01/2007

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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 no agreement was reached. /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 October 1, 2007. /s/ Michael R. Gottfried________________ Michael R. Gottfried

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