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

Filing 1217

MOTION to Admit Exhibits into Evidence by Amgen Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Gottfried, Michael)

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

Doc. 1217 Att. 2

Case 1:05-cv-12237-WGY

Document 1217-3

Filed 10/01/2007

Page 1 of 8

EXHIBIT B

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 1217-3

Filed 10/01/2007

Page 2 of 8

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, Civil Action No . : 05 Civ . 12237 WGY v. F . HOFFMANN-LAROCHE LTD ., ROCHE DIAGNOSTICS GMBH, and HOFFMANN LAROCHE INC ., Defendants.

DECLARATION OF WYETH REGARDING PRODUCED DOCUMENTS

Case 1:05-cv-12237-WGY

Document 1217-3

Filed 10/01/2007

Page 3 of 8

I, Christopher Chung, declare: 1. I am employed as a Senior Patent Attorney by WYETH . My office address is 87

CambridgePark Drive, Cambridge, MA. 2. I make this declaration of my own personal knowledge. If called to testify as to

the truth of the matters stated herein, I could and would do so competently. 3. In response to a subpoena for documents in this case, a search for documents at

WYETH (which is the successor to Genetics Institute, Inc .) was conducted, resulting in the documents that were produced pursuant to the subpoena. 4. The documents produced in response to the subpoena bear production numbers

W01022, W01025, W01040-1041 ("Documents"). 5. The Documents are true and correct copies of three agreements, which were

discovered in WYETH's offices in the files of WYETH's legal department, which is the place, where if authentic, I would expect these agreements to be found. 6. The Documents, as discovered in the files of WYETH's legal department, were

found in a file in such a condition as to create no suspicion concerning their authenticity. 7. The dates on the face of the Documents indicate that the Documents were in

existence for more than twenty years. 8. I declare under penalty of perjury under the laws of the United States that the

foregoing is true and correct to the best of my knowledge. Signed this day of August, 2007 .

By .

1

Case 1:05-cv-12237-WGY

Document 1217-3

Filed 10/01/2007

Page 4 of 8

CERTIFICATE OF SERVICE I hereby certify that the Declaration of Wyeth Regarding Produced Documents was served upon the attorneys of record for the defendants (as listed below) via hand delivery and electronic mail on September 5, 2007. KAYE SCHOLER LLP c/o Metro Meeting Centers ­ Boston 101 Federal Street, 4th Floor Boston, MA 02110 Tel : [phone] Emails : tfleming@kayescholer .com dlopez@kayescholer . com; bborel@kayescholer . com; dbaker@kayescholer . com; hsuh@kayescholer . corn; jhuston@bromsun .com cjensen@bromsun .com

Irasema Virrueta

Case 1:05-cv-12237-WGY

Document 1217-3

Filed 10/01/2007

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ALBERT EINSTEIN COLLEGE OF MEDICINE
OF YESHIVA UNIVERSITY 1300 MORRIS PARK AVENUE, BRONX,N,Y .10461 CABLE :EINCOLLMED,N .Y.

DEPARTMENT OF MEDICINE April 11, 1985

PHONE:[phone]

Dr . Ed Fritsch Genetics Institute 87 Cambridge Park Drive Cambridge, Massachusetts 02140 Dear Ed: I am writing to request that you and Genetics Institute continue to retain samples of my human renal carcinoma cell line (as defined in the original "Sponsored Research Agreement " ), in order to provide a second storage site for these cells . The cells should be maintained frozen, with periodic culturing if possible, to provide new cells for freezing. These cells should not be provided to anyone other than myself and Dr. Dana. Shouval. Please acknowledge acceptance of these conditions. Sincerely,

Judith B . Sherwood, Ph .D. Assistant Professor of Medicine JBS/lce Above conditions agreed to :

CONFIDENTIAL W01022

Case 1:05-cv-12237-WGY
7

Document 1217-3

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Exhibit FJZ 05-1 2237-W GY

Genetics

insti

August 23, 1984

Albeit. Einstein College of Medicine at Yeshiva University 1300 Morris Park Avenue Bronx, New York 10461 Attention Dr. Sidney Goldfisher Dear Sidney:
As we have discussed, Genetics Institute, Inc . ("GI" ) was not able to express EPO from the cell-line provided to us

by Albert Einstein College of Medicine ("AECOM") under our agreement dated October 31, 1983 (the "Agreement"). We are therefore returning the cell-line to AECOM, and believe that it would be appropriate for us at this time to clarify the ongoing relationship of GI and AECOM. GI is willing to continue to fund research at AECOM under the terms of the Agreement . However, since no "Products", as defined in the Agreement, have resulted or will result from the research of GI involving the cell-line provided to us, GI shall have no obligation to pay any royalties to AECOM under the Agreement. Please indicate your acceptance to these terms by signing and returning this letter to me . Sincerely,

'Gabriel Schmergel President GS :emo AGREED TO:
ALBERT EINSTEIN COLLEGE OE MEDICINE AT YESHIVA UNIVERSITY

113y: tl : ShOtWood . . 225 L4higwood Avenue Massachusetts 02115.
Telephone [phone]K .
,6114710 1'

CONFIDENTIAL W01025

Case 1:05-cv-12237-WGY Document 1217-3 Filed 10/01/2007 Page 7 of 8
Exhibit FJI 05-12237-WGY

.0ctober

1 .983

Genetics Institute, Inc. 225 . Longwood Avenue Boston, MA 02115 Gentlemen: In connection with the Sponsored Research Agreement of . :even date herewith (the "Research Agreement' .' 4) . between Genetics Institute, . Inc . ("Genetics") and . Albert Einstein College of Medicine of Yeshiva. University, a division of Yeshiva University (' AECOM") J this letter is to confirm the
following: . I, . I .shall be bound by the provisions of Section 2(c) and 9 of the Research Agreement to the same extent as if were . a party to the Research Agreement.

2 . I have not provided the Cell Line (as defined in the Research Agreement), or any part thereof, to any party other . than AECOM and Daniel ShouvalY. .3 . My performance under this .Agreement and under the Research Agreement shall not breach any obligations which I may have to any third party. . 4 . During the term of the Research_Agreement, I shall not directly or indirectly perform research in the field of erythropoesis for any A third party. "c-'e .q.,mcrct4l 5. I understand that, during the term of the Research . Agreement, Genetics will pay consulting fees to me at the rate of $6,400 per annum and, in consideration thereof, I chall consult with GeneticL the Field of ResearCn . such consulting services shall involve not more than six days of consulting per year at the facilities of Genetics in . Massachusetts, plus telephone consultations . . Genetics shall. reimburse me for reasonable travel, lodging, telephone and similar out-of-pocket expenses incurred by me in connection with, my performahce of such consulting services for Genetics. ., 6. Genetics shall grant to me a non-qualified stock option for the purchase of 500 shares of Common Stock of Genetics, . at an exercise price of $20 .00 per share, vesting in five equal installments of 100 shares each at the end -of each six-month period commencing on the date hereof.
CONFIDENTIAL W01040

Case 1:05-cv-12237-WGY Document 1217-3 Filed 10/01/2007 Page 8 of 8

Genetics Institute, Inc. October . . 4- 194n Page Two

7 . Any invention or disdovery, whether or not patentable, which relates to the Field of Research and which is conceived or reduced to practice by me, solely or jointly with others, in the performance of my consulting services for Genetics shall be treated as if it were conceived or reduced to practice by AECOM under the Research Agreement and shall be subject to all of the terms and conditions of the ReSearch Agreement . It is understood, however, that all obligations of Genetics to pay royalties with respect to any sUch invention or discovery shall be . solely as set forth in the Research Agreement .
Very truly yours,

.' . Agreed to; Genetics Institute,

By :

k S CiLN w-4.J

CONFIDENTIAL W01041