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

Filing 1370

DECLARATION re #1369 MOTION in Limine To Preclude Roche From Using Unreliable Computer-Generated Models Of Peg-EPO At Trial Due To Roche's Selective Production Only Of Models That Were Created For This Litigation (=DECLARATION OF RENEE DUBORD BROWN) by Amgen Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Errata 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11#12 Exhibit 12#13 Exhibit 13#14 Exhibit 14#15 Exhibit 15#16 Exhibit 16)(Gottfried, Michael)

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

Doc. 1370 Att. 10

Case 1:05-cv-12237-WGY

Document 1370-11

Filed 10/14/2007

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EXHIBIT 10

Dockets.Justia.com

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USDC - Depo: Jarsch, Michael - Contains HIGHLY CONFIDENTIAL Portions 3/27/2007 9:08:00 AM

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ----------------------------------

3 AMGEN INC., 4 Plaintiff, 5 6 7 8 9 Defendants. 10 ----------------------------------11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on Tuesday, March 27th, 2007 commencing at 9:08 a.m. *** CONFIDENTIAL *** (This transcript contains testimony designated as per the Protective Order in this matter. Please treat each segment of designated testimony in accordance with the Protective Order. Each section of testimony is clearly designated as such by insertion of a parenthetical.) Videotaped deposition of: DR. MICHAEL JARSCH taken at: The Munich Marriott Hotel Berliner Strasse 93 Munich Germany -vCivil Action No: F. HOFFMANN-LA ROCHE LTD., 05-CV-12237-WGY a Swiss Company, ROCHE DIAGNOSTICS GmbH, a German Company and HOFFMANN-LA ROCHE INC., a New Jersey Corporation

Amgen v. Roche

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USDC - Depo: Jarsch, Michael - Contains HIGHLY CONFIDENTIAL Portions 3/27/2007 9:08:00 AM

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Q. Did you direct -- were any of these depictions initiated under your direction? A. Part of these depictions were generated under my direction. Q. Both in Penzberg and Basel? A. Both in Penzberg and in Basel, or at least partially under my direction. Q. Why don't we take a break to switch the tape? A. Okay. VIDEOGRAPHER: In the deposition of Dr. Michael Jarsch this marks the end of tape number 1. The time is 11:09. We're off the record. (Off the record) VIDEOGRAPHER: In the deposition of Dr. Michael Jarsch this marks the beginning of tape number 2. The time is 11:14. We're back on the record. MR. GALVIN: Doctor, I'm going to hand you a few exhibits to ask you some questions about these graphical depiction of the three-dimensional structure of Roche 503821. The first exhibit I'll hand you has been marked as exhibit 4, bearing production numbers R621825 through 854. The next document I'll hand you has been marked for identification as exhibit 5, bearing production numbers R10-634385 through 390.
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you seen exhibit 5 before? A. Exhibit 5 looks familiar. There may be changes in this actual document to that one I have seen, but I cannot recall exact details. Q. Was this CERA modelling prepared by your colleagues in the modelling group in Penzberg? A. You are referring to which models? Q. Everything in the slide deck. A. Everything in the slide deck. So the slide deck was, as we can see in the top page, prepared by the modelling group in Penzberg. Q. And was this model prepared at your request? A. This model was prepared under my coordination, not my lone request. Q. Who else requested it? A. It could be that Dr. Anton Haselbeck also participated in the supervision or the requesting of this kind of work. Q. And when was this prepared? MS. CARSON: Objection. Vague. A. I cannot recall the exact date without looking into any kind of files I have that could be looked up. MR. GALVIN: Was it prepared within the last year? MS. CARSON: Objection. Vague. A. It could probably have been finished last
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A. I have seen these depictions, yes. Q. Did you copy those depictions on to your computer? A. Could be, but I'm not sure. Q. I mean, counsel, we've requested these before and we renew our request for colour versions and animated versions of the models that have been prepared that have yet to be produced. MS. CARSON: Have you provided that request to us in writing? MR. GALVIN: We have provided it in writing, and our ability to question Dr. Jarsch has been prejudiced by your failure to produce the actual models. MS. CARSON: I'll take it under advisement. MR. GALVIN: If you turn to the next exhibit, exhibit 8, this is an e-mail thread between you and Sheila Gies or Gies. A. I'm not sure either. Q. Okay. Do you know what position Ms. Gies held in October 2006? A. I don't know the exact position, but she is -her responsibility is within communications. Q. I'd really just like to ask you about the second e-mail in the string from you -- I'm at the bottom of the page -- dated October 26th, 2006, and you identify
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Q. They haven't generated any images whatsoever? A. We've decided not to go into collaberation with that company. Q. Why not? A. It was, let's say, a decision based on several reasons. Q. And what were those reasons? A. Among those reasons was -- one was definitely the amount of budget that would have been devoted for this and also another reason was the progress we made with our internal efforts to generate these kind of images. Q. Now other than the work images that were generated by the group in Basel or the group in Penzberg are you aware of any other images depicting three-dimensional structure of Roche 503821 that have been generated by Roche or for Roche? A. I'm not aware of any other attempts or images that have been generated to show three-dimensional depiction of the CERA molecule. MS. CARSON: Mr. Galvin -A. Maybe -- one second -- there may be attempts to generate -- how do you say -- schematic -- schematic depictions that not really reflect the three-dimensional structures, and some of our images or the generated basis here have been used by an agency in New York to generate
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additional kind of image displays. MR. GALVIN: And who is this agency in New York? A. The name is Anatomical Travel Log. Q. Anatomical Travel Log? A. Yes. Q. And who is the contact person at Anatomical Travel Log? MS. CARSON: Objection. No foundation. A. I can't tell you the exact contact. The contact is not directly from the preclinical team or myself. MR. GALVIN: And have you seen -A. The contact is from Roche Nutley. Q. Have you seen images generated from Anatomical Travel Log? A. I have very recently seen some of these drafts that have been generated. I have never seen final versions. Q. And how -- when you say "very recently", what do you mean? A. Within the frame of this year, not before I assume. Q. And what was depicted in these draft graphics that you've seen from Anatomical Travel Log? MS. CARSON: Objection. Vague. Overbroad. A. Again these are displays of the molecule in an animated way.
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CERTIFICATE OF DEPONENT

I, Dr. Michael Jarsch, hereby certify that I have read the

foregoing pages, numbered 10 through 194, of my deposition

of testimony taken in these proceedings on Tuesday, March

27th, 2007, and, with the exception of the changes listed on

the next page and/or corrections, if any, find them to be a

true and accurate transcription thereof.

Signed: ..........................

Name:

Dr. Michael Jarsch

Date:

..........................

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CERTIFICATE OF COURT REPORTER I, Melanie Ball, an accredited real-time reporter hereby certify that the testimony of the witness Dr. Michael Jarsch in the foregoing transcript, numbered pages 10 through 194, taken on Tuesday, March 27th, 2007 was recorded by me in machine shorthand and was thereafter transcribed by me; and that the foregoing transcript is a true and accurate verbatim record of the said testimony. I further certify that I am not a relative, employee, counsel or financially involved with any of the parties to the within cause, nor am I an employee or relative of any counsel for the parties, nor am I in any way interested in the outcome of the within cause. Signed: ........................ Name: Ms. Melanie Ball

Dated: ........................

Amgen v. Roche

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ERRATA

Deposition of Dr. Michael Jarsch

Page/Line No.

Description

Reason for change

Signed: ..........................

Name:

Dr. Michael Jarsch

Date:

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Amgen v. Roche

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