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

Filing 160

MOTION for Leave to File Amended Answer and Counterclaims by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Toms, Keith)

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

Doc. 160

Case 1:05-cv-12237-WGY

Document 160

Filed 12/08/2006

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, v. F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GmbH, and HOFFMANNLA ROCHE INC., Defendants. ) ) ) ) Civil Action No.: 05 Civ. 12237 WGY ) ) ) ) ) ) )

DEFENDANTS' MOTION FOR LEAVE TO AMEND THEIR ANSWER AND COUNTERCLAIMS Defendants F. Hoffmann-La Roche Ltd, Roche Diagnostics GmbH, and Hoffmann-La Roche Inc. (collectively "Roche") respectfully move the Court pursuant to Rule 15(a) of the Federal Rules of Civil Procedure for leave to amend their Answer and Counterclaims. For the reasons set forth in Roche's Memorandum In Opposition To Amgen's Motion To Strike Roche's Affirmative Defenses Nos. 2, 7, 8, 10 And 12 And In Support Of Roche's Motion For Leave To Amend Its Answer And Counterclaims, Roche's motion for leave to amend should be granted. REQUEST FOR ORAL ARGUMENT Roche believes that oral argument may assist the Court and respectfully requests that it be heard on its motion. 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. Amgen does not object to Roche's motion for leave to amend the inequitable conduct sections of the answer and counterclaim, but maintain its position as to other sections. Amgen also maintains their pending motions to strike and dismiss, and reserves the right to strike the amended pleading. As a result, Roche still feels compelled to seek leave of the Court to file the proposed amended pleading.

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Case 1:05-cv-12237-WGY

Document 160

Filed 12/08/2006

Page 2 of 2

Dated: December 8, 2006 Boston, Massachusetts

Respectfully submitted, F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC. By its Attorneys /s/ Keith E. Toms Lee Carl Bromberg (BBO# 058480) Julia Huston (BBO# 562160) Keith E. Toms (BBO# 663369) Nicole A. Rizzo (BBO# 663853) BROMBERG & SUNSTEIN LLP 125 Summer Street Boston, MA 02110 Tel. [phone] [e-mail] Leora Ben-Ami (pro hac vice) Patricia A. Carson (pro hac vice) Thomas F. Fleming (pro hac vice) Howard S. Suh (pro hac vice) Peter Fratangelo (BBO# 639775) KAYE SCHOLER LLP 425 Park Avenue New York, New York 10022 Tel. [phone] 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 (NEF) and paper copies will be sent to those indicated as non registered participants on the above date. /s/ Keith E. Toms Keith E. Toms
584375.1 3099/501

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