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)

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Amgen Inc. v. F. Hoffmann-LaRoche LTD et al Doc. 1370 Att. 4 Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 1 of 10 EXHIBIT 4 Dockets.Justia.com Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 2 of 10 USDC - Depo: Haselbeck, Anton 30(b)(6) RESTRICTED-ACCESS CONFIDENTIAL 3/1/2007 9:04:00 AM 1 2 3 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., ) ) Plaintiff, ) ) vs. ) Civil Action No. ) 05 Civ. 12237 WGY F. HOFFMANN-LA ROCHE LTD, ) ) ROCHE DIAGNOSTICS, GmbH, and ) HOFFMAN-LA ROCHE INC., ) Defendants. ) -------------------------------) **RESTRICTED ACCESS** CONFIDENTIAL VIDEOTAPED DEPOSITION OF DR. ANTON HASELBECK New York, New York Thursday, March 1, 2007 (This transcript contains testimony designated confidential as per Section 5(c) of the Amended Protective Order. Please treat the entire transcript in accordance with the protective order.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reported by: FRANCIS X. FREDERICK, CSR, RPR, RMR JOB NO. WS01818 Page 1 Amgen v. Roche Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 3 of 10 USDC - Depo: Haselbeck, Anton 30(b)(6) RESTRICTED-ACCESS CONFIDENTIAL 3/1/2007 9:04:00 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. You're not aware of any efforts by Roche to identify or model the three-dimensional confirmation of the EPO in Roche 50-3821? MS. BEN-AMI: Objection. Lack of foundation. A. I'm aware of attempts to simulate the structure of Ro 50-3821. Q. And who has performed those attempts to simulate the structure of Roche 50-3821? A. There has been studies done within Roche in Germany within the molecular modeling group within our research organization to model Ro 50-3821. Q. And what persons were involved in that effort, to your knowledge? A. Yes. I know those persons. The name of one person is Dr. Schaefer, S-C-H-A-E-F-E-R. And another person is Guy George. That's a French name. G-U-Y. And then George. Q. A. Anyone else? In addition, there have also been people involved in our Basel unit, Page 73 Amgen v. Roche Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 4 of 10 USDC - Depo: Haselbeck, Anton 30(b)(6) RESTRICTED-ACCESS CONFIDENTIAL 3/1/2007 9:04:00 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Switzerland. Q. A. Um-hum. I cannot recall the name at the moment who did actually the work. One person who did at least some simulation work is Dr. Ross in Basel, R-O-S-S. Q. A. Anyone else? I think these are the key person at least that I remember at the moment. Q. And have you seen these -- the results of this modeling or simulation work for the structure of Roche 50-3821? A. Q. I have seen those. And what format was it in? Was it in animation? A. It's a computer simulation. It's an animation. It's based on using a certain algorithm, certain programs, which I am not a specialist for to basically get an idea about the three-dimensional structure of this whole compound. Q. And for modeling this three-dimensional structure of this -- of Roche 50-3821, did Roche use data from X-ray crystallography or NMR analysis of EPO to Page 74 Amgen v. Roche Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 5 of 10 USDC - Depo: Haselbeck, Anton 30(b)(6) RESTRICTED-ACCESS CONFIDENTIAL 3/1/2007 9:04:00 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not aware of that -- of this kind of data. Q. Now, when we talk about this model, is this a computer file that would actually allow rotation and visualization of the structure? MS. BEN-AMI: Objection. Outside scope. No first-hand knowledge. A. I'm really not an expert in this so I can't actually not answer this. I've seen pictures but I don't know what is the underlying software or principles. So this is way beyond my expertise here. Q. When you saw pictures did you just see a photograph, an image, or did you see movement being depicted? A. There was also movement being depicted in a series of pictures. Q. Were there -- have you seen two separate models developed by the individuals in Roche Germany and the individuals in Roche Basel? MS. BEN-AMI: Objection. Outside the scope. You can answer. A. Yes. I've seen different models created by using different techniques in my Page 76 Amgen v. Roche Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 6 of 10 USDC - Depo: Haselbeck, Anton 30(b)(6) RESTRICTED-ACCESS CONFIDENTIAL 3/1/2007 9:04:00 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 knowledge on how it was achieved and what was used to begin with. RQ MR. GALVIN: And, counsel, if it hasn't already been produced we do request the electronic files of any structural modeling for Roche 50-3821. We'll follow up on it. MS. BEN-AMI: I'll take it under advisement. I'm not sure you're entitled to it. MR. GALVIN: Okay. BY MR. GALVIN: Q. Sticking with this modeling, how did Roche model the three-dimensional structure of the glycosylation for Roche 50-3821? MS. BEN-AMI: Object to the form. Outside the scope. No first-hand knowledge. A. I cannot answer this. I have no -- no inside information on how this was actually perceived. Q. Did you have copies of the animations from this modeling of the three-dimensional structure from Roche 50-3821 Page 79 Amgen v. Roche Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 7 of 10 USDC - Depo: Haselbeck, Anton 30(b)(6) RESTRICTED-ACCESS CONFIDENTIAL 3/1/2007 9:04:00 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in your possession? MS. BEN-AMI: Objection. Mischaracterization. A. What do you mean with copies? Hard copies or electronic copies or -Q. A. Either one. I do have part of some presentations. Q. A. Q. Do you have electronic copies? I do have electronic copies. And when were these models of the three-dimensional structure of Roche 50-3821 prepared? A. Q. A. You mean the time frame? Yes. I would say over the last two years I think and mainly last year. Say 2006, starting 2005. As far as I remember now. Q. And is that work ongoing within Roche to attempt to model the three-dimensional structure of Roche 50-3821? MS. BEN-AMI: Same objections. A. I don't know actually if it's still ongoing. I cannot tell you now for sure that this has been completed or there's still Page 80 Amgen v. Roche Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 8 of 10 USDC - Depo: Haselbeck, Anton 30(b)(6) RESTRICTED-ACCESS CONFIDENTIAL 3/1/2007 9:04:00 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 some activities ongoing. I need to take this and have a look and talk to other people. Q. Okay. I just want to be clear. I think I may have asked you this but the modeling that you have seen, you're not sure whether Roche has modeled the three-dimensional structure of the EPO receptor; is that correct? A. I'm not sure. We have not -- we could have used a structure of the EPO within the receptor which is also public. I think we have not modeled anything which was your question. Q. A. Oh, okay. As I understood it. We have not modeled the EPO receptor. I think that... Q. could -A. Right. I think -- we certainly So that's publicly available. I have used also the epoetin receptor structure as it is available in the public domain. Q. Okay. And has Roche -- have you seen animations depicting the three-dimensional structure of Roche 50-3821 as modeled by Roche interacting with the Page 81 Amgen v. Roche Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 9 of 10 USDC - Depo: Haselbeck, Anton 30(b)(6) RESTRICTED-ACCESS CONFIDENTIAL 3/1/2007 9:04:00 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 three-dimensional structure -- published three-dimensional structure for the EPO receptor? A. I believe in the early phase of this modeling attempts there was a picture created where the EPO -- the Ro 50-3821 attaches to the receptor by basically just using the receptor and putting Ro 5031 (sic) onto the receptor. I believe there is such a picture being made in the early phase of this project. Q. And in that modeling of the structures of Roche 50-3821 interacting with the EPO receptor, did the model depict the points of contact, the beginning points between Roche 50-3821 and the EPO receptor as being the same or different than EPO? MS. BEN-AMI: Objection. Mischaracterization of the "modeling." Outside the scope. No first-hand knowledge. A. I really do not have the relevant information to answer this in a way it is the same or is it different because I do not know exactly how this was done. Page 82 Amgen v. Roche Case 1:05-cv-12237-WGY Document 1370-5 Filed 10/14/2007 Page 10 of 10 USDC - Depo: Haselbeck, Anton 30(b)(6) RESTRICTED-ACCESS CONFIDENTIAL 3/1/2007 9:04:00 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NAME OF CASE: AMGEN v. LAROCHE DATE OF DEPOSITION: MARCH 1, 2007 NAME OF WITNESS: ANTON HASELBECK Reason codes: 1. To clarify the record. 2. To conform to the facts. 3. To correct transcription errors. Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ Page _______ Line ______ Reason _____ From __________________ to _____________ ____________________________ ANTON HASELBECK Amgen v. Roche Page 288

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