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

Filing 1268

DECLARATION re #1267 Brief of Daniel A. Curto in Support of Amgen's Bench Memorandum that it is Appropriate for Dr. Lodish to use Computer-Modeled Demonstratives that will assist the Jury in Understanding His Infringement Testimony by Amgen Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Gottfried, Michael)

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

Doc. 1268 Att. 2

Case 1:05-cv-12237-WGY

Document 1268-3

Filed 10/03/2007

Page 1 of 3

EXHIBIT B

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 1268-3

Filed 10/03/2007

Page 2 of 3

DAY CASEBEER MADRID & BATCHELDER

LLP

20300 Stevens Creek Blvd., Suite 400 Cupertino, CA 95014 Telephone : [phone] Facsimile : [phone]

Robert M. Galvin [phone] galvinrm@ daycasebeer.com

April 20, 2007
VIA EMAIL & FEDEX

Tom Fleming Kaye Scholer LLP 425 Park Avenue New York, NY 10022-3598 Re :
Amgen Inc. v. F. Hoffmann-LaRoche Ltd., et al.

Civil Action No . 05-CV-12237 WGY Dear Tom: We understand that you would like Amgen to produce to you a copy, in native format, of the data files used to generate the three-dimensional representations of EPO, the EPO receptor, and pegEPO that are attached to Dr . Lodish's report . We are happy to produce the data files to you on the condition that Roche will reciprocally produce, in native format, a copy of data files used to generate any graphics attached to or relied on in its expert reports . A copy of the data files in Protein Data Base (PDB) format is enclosed . If you do not intend to make a reciprocal production, please return the enclosed data files and all copies immediately. Pursuant to the parties' stipulation regarding expert discovery, we are providing only those data files used to generate the final versions of graphics submitted as part of Dr . Lodish's 4/6/07 report. No scientific tests were performed in connection with or in furtherance of this action by, for, or behalf of Dr . Lodish or Amgen in connection with the generation of the graphics attached to Dr. Lodish's report . The graphics were generated using data from the Protein Data Bank under accession numbers 1 BLW (subsequently renamed 1CN4) and LEER in the manner described in Dr. Lodish's report . As described by Dr . Lodish, the representation of the attached carbohydrate and peg moities are not based on any x-ray crystallography data, but are illustrations to explain certain concepts .

652 1 56_ 1 .doc

Case 1:05-cv-12237-WGY Document 1268-3 Filed 10/03/2007 Page 3 of 3

DAY CASEBEER MADRID & BATCHELDER LLP

Tom Fleming April 20, 2007 Page 2 We still have not received any response to our repeated inquiries about Roche producing electronic files for three-dimensional graphics and animations relating to CERA . You have indicated on at least two instances that you were investigating the issue and would promptly inform us of Roche's position. Please let us know as soon as possible if it will be necessary to seek relief from the Court on this issue. Sincerely,
DAY CASEBEER MADRID & BATCHELDER LLP

Robert M . Galvin RMG :vp Enclosure cc : Michele Moreland, Esq. Mark H. Izraelewicz, Esq. Julia Huston, Esq . (w/o enclosures) Patricia Carson, Esq . (w/o enclosures)