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

Filing 1412

MOTION for Leave to File a Brief in Excess of the Page Limit in Support of its Opposition to Roche's Judgment as a Matter of Law and Amgen Inc.'s Cross-Motion for Judgment as a Matter of Law by Amgen Inc.. (Attachments: # 1 Exhibit A - [Proposed] Memorandum in Opposition to Roche's Motion for Judgment as a Matter of Law Regarding Invalidity and Cross-Motion)(Rich, Patricia)

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

Doc. 1412

Case 1:05-cv-12237-WGY

Document 1412

Filed 10/15/2007

Page 1 of 3

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

Civil Action No. 05 CV 12237 WGY

PLAINTIFF AMGEN INC.'S MOTION FOR LEAVE TO FILE A BRIEF IN EXCESS OF THE PAGE LIMIT IN SUPPORT OF ITS OPPOSITION TO ROCHE'S JUDGMENT AS A MATTER OF LAW AND AMGEN INC.'S CROSS-MOTION FOR JUDGMENT AS A MATTER OF LAW Pursuant to L.R. 7.1, Amgen Inc. respectfully moves this Court for leave to file oversized brief in support of its Opposition to Roche's Motion for Judgment as a Matter of Law [DN 1315] ("Opposition") and its Cross-Motion For Judgment As a Matter of Law ("Cross-Motion"). As grounds for this motion, Amgen states that it has made a good faith attempt to address all factual and legal bases for is Opposition and Cross-Motion within the twenty page limit set by L.R. 7.1(b)(4). However, Amgen was unable to do so in light of the fact that Roche's JMOL motion was forty-six pages in length and addressed a number of complex issues and Amgen seeks to cross-move for judgment as a matter of law on a number of basis related to the issues addressed by Roche in its JMOL. Accordingly, Amgen respectfully submits that exceeding the page limit is reasonable under the circumstances. A copy of the proposed brief is attached hereto as Exhibit A.

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Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 1412

Filed 10/15/2007

Page 2 of 3

Dated: October 15, 2007

Respectfully Submitted, AMGEN INC., By its attorneys,

Of Counsel: STUART L. WATT WENDY A. WHITEFORD MONIQUE L. CORDRAY DARRELL G. DOTSON KIMBERLIN L. MORLEY ERICA S. OLSON AMGEN INC. One Amgen Center Drive Thousand Oaks, CA 91320-1889 [phone]

/s/ Patricia R. Rich D.DENNIS ALLEGRETTI (BBO#545511) MICHAEL R.GOTTFRIED (BBO#542156) PATRICIA R. RICH (BBO#640578) DUANE MORRIS LLP 470 Atlantic Avenue, Suite 500 Boston, MA 02210 Telephone: [phone] Facsimile: [phone] LLOYD R. DAY, JR DAY CASEBEER MADRID & BATCHELDER LLP 20300 Stevens Creek Boulevard, Suite 400 Cupertino, CA 95014 Telephone: [phone] Facsimile: [phone] WILLIAM GAEDE III McDERMOTT WILL & EMERY 3150 Porter Drive Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] KEVIN M. FLOWERS MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago IL 60606 Telephone: [phone] Facsimile: [phone]

Case 1:05-cv-12237-WGY

Document 1412

Filed 10/15/2007

Page 3 of 3

CERTIFICATE PURSUANT TO LOCAL RULE 7.1 I certify that counsel for the parties have conferred in an attempt to resolve or narrow the issues presented by this motion and no agreement was reached. /s/ Patricia R. Rich Patricia R. Rich

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 and paper copies will be sent to those indicated as non-registered participants on October 15, 2007. /s/ Patricia R. Rich Patricia R. Rich

DM1\1206869.1