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

Filing 1282

DECLARATION re #1278 MOTION in Limine TO PRECLUDE AMGEN FROM OFFERING ARGUMENTS AND EXPERT TESTIMONY ON OBVIOUSNESS-TYPE DOUBLE PATENTING THAT IT FAILED TO DISCLOSE IN ITS INTERROGATORY RESPONSES AND EXPERT REPORTS (of Patricia A. Carson) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Rizzo, Nicole)

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Amgen Inc. v. F. Hoffmann-LaRoche LTD et al Doc. 1282 Case 1:05-cv-12237-WGY Document 1282 Filed 10/03/2007 Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, v. F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GmbH and HOFFMANN-LA ROCHE INC. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION No.: 05-CV-12237WGY DECLARATION OF PATRICIA A. CARSON IN SUPPORT OF ROCHE'S MOTION IN LIMINE TO PRECLUDE AMGEN FROM OFFERING ARGUMENTS AND EXPERT TESTIMONY ON OBVIOUSNESS-TYPE DOUBLE PATENTING THAT IT FAILED TO DISCLOSE IN ITS INTERROGATORY RESPONSES AND EXPERT REPORTS I, PATRICIA A. CARSON, hereby declare under penalty of perjury that: 1. I am an attorney admitted to the Bar of the State of New York and am an associate in the law firm of Kaye Scholer LLP, counsel for Defendants in the above captioned case. 2. I make this declaration in support of Roche's Motion in Limine to Preclude Amgen From Offering Arguments and Expert Testimony On Obviousness-Type Double Patenting That It Failed To Disclose In Its Interrogatory Responses And Expert Reports. 3. Attached hereto as Exhibit 1 is a true and correct copy of portions of the May 11, 2007 Rebuttal Expert Report of Dr. Lodish. 4. Attached hereto as Exhibit 2 is a true and correct copy of "Exhibit G" to the May 11, 2007 Rebuttal Expert Report of Dr. Lodish. Dockets.Justia.com Case 1:05-cv-12237-WGY Document 1282 Filed 10/03/2007 Page 2 of 3 DATED: October 3, 2007 Boston, Massachusetts /s/ Patricia A. Carson Patricia A. Carson Case 1:05-cv-12237-WGY Document 1282 Filed 10/03/2007 Page 3 of 3 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 (NEF). Pursuant to agreement of counsel dated September 9, 2007, paper copies will not be sent to those indicated as non registered participants. /s/ Nicole A. Rizzo Nicole A. Rizzo 03099/00501 751130.1

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