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

Filing 1252

DECLARATION re #1251 MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCERA DOES NOT COMPRISE HUMAN EPO, IN CONTRADICTION OF THIS COURTS FINDING OF INFRINGEMENT ON CLAIM 1 OF THE 422 PATENT AND (2) THAT EUROPEAN REGULATORY APPROV MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCERA DOES NOT COMPRISE HUMAN EPO, IN CONTRADICTION OF THIS COURTS FINDING OF INFRINGEMENT ON CLAIM 1 OF THE 422 PATENT AND (2) THAT EUROPEAN REGULATORY APPROV Declaration by Daniel A. Curto by Amgen Inc.. (Attachments: #1 Exhibit A)(Gottfried, Michael)

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

Doc. 1252

Case 1:05-cv-12237-WGY

Document 1252

Filed 10/02/2007

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) C.A. No. 05-12237-WGY ) ) ) ) ) ) )

AMGEN, INC. Plaintiff, v. F. HOFFMAN-LA ROCHE LTD., a Swiss Company, ROCHE DIAGNOSTICS GmbH, a German Company, and HOFFMAN-LA ROCHE INC., a New Jersey Corporation Defendants.

DECLARATION OF DANIEL A. CURTO IN SUPPORT OF AMGEN INC.'S MOTION IN LIMINE TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCERAŽ DOES NOT COMPRISE HUMAN EPO, IN CONTRADICTION OF THIS COURT'S FINDING OF INFRINGEMENT ON CLAIM 1 OF THE `422 PATENT AND (2) THAT EUROPEAN REGULATORY APPROVAL HAS ANY RELEVANCE TO THE CLAIMS IN THIS LAWSUIT. I, Daniel A. Curto, hereby declare under penalty of perjury that I am an attorney admitted to practice in the Commonwealth of Massachusetts, and am a partner at the law firm of McDermott Will & Emery LLP, counsel for Plaintiff Amgen, Inc. in the above-captioned case. I submit this affidavit to accompany Amgen Inc.'s Motion In Limine To Preclude Roche From Claiming During The Infringement Case That (1) MirceraŽ Does Not Comprise Human Epo, In Contradiction Of This Court's Finding Of Infringement On Claim 1 Of The `422 Patent And (2) That European Regulatory Approval Has Any Relevance To The Claims In This Lawsuit.. 1. Exhibit A hereto contains true and correct excerpts from Roche's Responses and

Objections to Amgen's First Set of Requests for Production of Documents and Things (Nos. 1 to 224).

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 1252

Filed 10/02/2007

Page 2 of 2

Dated October 2, 2007

/s/ Daniel A. Curto Daniel A. Curto

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.

/s/ Michael R. Gottfried Michael R. Gottfried

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