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. 7

Case 1:05-cv-12237-WGY

Document 1370-8

Filed 10/14/2007

Page 1 of 3

EXHIBIT 7

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 1370-8

Filed 10/14/2007

Page 2 of 3

DAY CASEBEER MADRID & BATCHELDER

LLP

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

Adam Arthur Bier [phone] abier@ daycasebeer.com

March 15, 2007 VIA E-MAIL & FACSIMILE Thomas F . Fleming, Esq. Kaye Scholer LLP 425 Park Avenue New York, NY 10022-3598 Re : Amgen Inc. v. F. Hoffmann-La Roche Ltd., et al. (05-CV-12237 WGY)

Dear Tom: I write to follow up on Deborah Fishman's letter to you of March 7, 2007 concerning documents and things the existence of which came to light during the deposition of Dr . Haselbeck . To date, we have not received any response from Roche concerning any of the identified categories, including documents and electronic files regarding the modeling of EPO and CERA, audio or video recordings or transcripts of communications responsive to Amgen's Requests for Production, and the Patrick Mayeux proposal and related documents . Please advise us by the close of business tomorrow, March 16, whether Roche intends to comply with these requests, and the date by which we may expect production to be complete . To the extent responsive documents have already been produced, please identify them by Bates number. In particular, regarding the category of EPO and CERA modeling documents, we ask that all such documents be produced in native, electronic format, for the reasons stated in Deborah's March 7 letter . Additionally, if QuickTime, .avi, or other video files exist that show the rotation of structures found in such models, please produce these files as well . An example of a CERA model may be found within the document bearing Bates nos . R10-000634385-89, though we expect there are many other models present in responsive documents and files. Finally, please produce the native PowerPoint file of the document produced as R10-000634385-89, or a legible, color copy of that document if Roche contends that the PowerPoint file is no longer in Roche's possession, custody, or control. Thank you for your cooperation in this matter .

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Case 1:05-cv-12237-WGY Document 1370-8 Filed 10/14/2007 Page 3 of 3

DAY CASEBEER MADRID & BATCHELDER LLP

Thomas F. Fleming, Esq. March 15, 2007 Page 2 Very truly yours,
DAY CASEBEER MADRID & BATCHELDER LLP

Adam Arthur Bier AAB :sr cc : Peter Fratangelo Hank Heckel Michele Moreland Mark Izraelewicz

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