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

Filing 1304

DECLARATION re #1303 Brief of Andrew A. Kumamoto in Support of Amgen's Bench Memorandum as to the Admissability of Exhibit EYU as a Roche Party Admission by Amgen Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5)(Gottfried, Michael)

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

Doc. 1304

Case 1:05-cv-12237-WGY

Document 1304

Filed 10/04/2007

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, v. F. HOFFMANN-LA ROCHE LTD, a Swiss Company, ROCHE DIAGNOSTICS GMBH, a German Company, and HOFFMANN LA ROCHE INC., a New Jersey Corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No.: 1:05-CV-12237 WGY

DECLARATION OF ANDREW A. KUMAMOTO IN SUPPORT OF AMGEN'S BENCH MEMORANDUM AS TO THE ADMISSIBILITY OF EXHIBIT EYU AS A ROCHE PARTY ADMISSION I, Andrew A. Kumamoto, declare as follows: 1. I am a partner with McDermott Will & Emery LLP and counsel for Amgen, Inc.

in the above-captioned matter. 2. I am submitting this declaration in support of Amgen's Bench Memorandum as to

the Admissibility of Exhibit EYU as a Roche Party Admission. 3. I have knowledge of the following, and if called as a witness, could and would

testify competently to the contents herein. 4. Attached as Exhibit 1 is a true and correct copy of Exhibit EYU, a powerpoint

presentation entitled "Suggested Elimination Pathways of CERA in CKD Patients." 5. Attached as Exhibit 2 is a true and correct copy of Roche's 2002 Annual Letter

from the Chairman at http://www.roche.com/pages/downloads/investor/pdf/reports/gb02/e02.pdf. 6. Attached as Exhibit 3 is a true and correct copy of Chugai's August 5, 2005

Overview of R&D Activities, which is publicly available on Chugai's website at www.chugaipharm.co.jp/html/meeting/pdf/050805e_2.pdf.

MPK 133342-1.041925.0023

1

KUMAMOTO DECLARATION RE BENCH MEMO ON ADMISSIBILITY OF EXHIBIT EYU CIVIL ACTION NO. 1:05-CV-12237 WGY Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 1304

Filed 10/04/2007

Page 2 of 3

7.

Attached as Exhibit 4 is a true and correct copy of Chugai's Development

Pipeline as of July 31, 2007, at www.chugai-pharm.co.jp/English/ir/pipeline/index.html. 8. Attached as Exhibit 5 is a true and correct copy of Roche's current Pharma

Pipeline located at: www.roche.com/home/investors/inv_pipeline/inv_pipeline_det.htm?ta=%25 &Phase=filed&submit=Show+pipeline. I declare, under penalty of perjury, under the laws of the United States, that the foregoing is true and correct and that this Declaration was completed at Palo Alto, California this 3rd day of October 2007. /s/ Andrew A. Kumamoto Andrew A. Kumamoto

MPK 133342-1.041925.0023

2

KUMAMOTO DECLARATION RE BENCH MEMO ON ADMISSIBILITY OF EXHIBIT EYU CIVIL ACTION NO. 1:05-CV-12237 WGY

Case 1:05-cv-12237-WGY

Document 1304

Filed 10/04/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that this document filed through the Electronic Case Filing (ECF) system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on the above date. /s/ Michael R. Gottfried Michael R. Gottfried

MPK 133342-1.041925.0023

1

CERTIFICATE OF SERVICE CIVIL ACTION NO. 1:05-CV-12237 WGY