Amgen Inc. v. F. Hoffmann-LaRoche LTD et al
Filing
1215
DECLARATION re #1214 Emergency MOTION To Preclude Amgen From Publicly Disclosing Roche's Trade Secrets Without Prior Notice to Roche By Julia Huston by F. Hoffmann-LaRoche LTD. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Huston, Julia)
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Case 1:05-cv-12237-WGY
Document 1215-3
Filed 10/01/2007
Page 1 of 2 EXHIBIT B
KAYE SCHOLER LLP
Thomas F. Fleming 212 836-7515 Fax 212 836-6345 tfleming@kayescholer.com 425 Park Avenue New York, New York 10022-3598 212 836-8000 Fax 212 836-8689 www.kayescholer.com
September 30, 2007 VIA EMAIL Renee DuBord Brown, Esq. Day Casebeer Madrid & Batchelder LLP 20300 Stevens Creek Blvd, Suite 400 Cupertino, California 95014 Re: Dear Renee: We disagree with your letter yesterday regarding Amgen's use of Roche's BLA/IND Confidential Materials and object to Amgen's attempt to abuse the Court's order. The Court has made numerous specific rulings on those documents, sealing where necessary and also holding certain sections confidential. The Judge's comments on the record were directed to an Amgen submission relating to a section of a deposition that the reporter, not the parties, had designated as confidential. The Court's rulings on the handling of these documents are still in effect and we demand confirmation that Amgen is and has been in compliance with those instructions as set forth among other places in the Protective Order. We will continue to oppose Amgen's efforts to abuse Roche confidential information as a means to damage Roche's business unrelated to any good faith exercise in this case. We will also apply to the Court to preclude Amgen from doing what your letter suggests. Please identify to me by noon today whatever documents Amgen intends to use and the day on which it intends to use them. Moreover, we object to any use of Roche BLA/IND Confidential information in Amgen's infringement opening on several grounds. The question raised more particularly by your letter is when Amgen intends to close its case on invalidity? In order to abide by the exchange requirements of the Court's order and the PTM, Roche needs to know this immediately. Very truly yours, /s/ Thomas F. Fleming Thomas F. Fleming
Brown on BLA.DOC
Amgen, Inc. v. F. Hoffman-La Roche Ltd, Roche Diagnostics GmbH, and Hoffmann-LaRoche Inc., Civ. No. 05-CV-12237WGY, D. Mass
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Case 1:05-cv-12237-WGY
Document 1215-3
Filed 10/01/2007
Page 2 of 2
KAYE SCHOLER llp
Renee DuBord Brown, Esq. cc: Leora Ben-Ami Patricia Carson Julia Huston Aaron Hand Alison Maddeford Jeremy Jordan Rachelle Platt Michael Gottfried 2 September 30, 2007
Brown on BLA.DOC
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