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

Filing 190

MOTION for Leave to File Surreply to Amgen's Reply Brief in Support of Its Motion to Dismiss Roche's Counterclaims Counts I-IX and XII by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: #1 Affidavit)(Huston, Julia)

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

Doc. 190

Case 1:05-cv-12237-WGY

Document 190

Filed 12/22/2006

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) ) )

AMGEN INC., Plaintiff, vs. F. HOFFMANN-LA ROCHE LTD., ROCHE DIAGNOSTICS GmbH, HOFFMANN-LA ROCHE INC., Defendants

CIVIL ACTION No.: 05-CV-12237WGY

DEFENDANTS' MOTION FOR LEAVE TO FILE SURREPLY TO AMGEN'S REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS ROCHE'S COUNTERCLAIMS COUNTS I-IX AND XII Defendants F. Hoffmann-La Roche LTD, Roche Diagnostics GmbH and Hoffmann-La Roche Inc. ("Roche") hereby seek leave to file the attached surreply in response to Amgen's Reply Brief In Support Of Its Motion to Dismiss Roche's Counterclaims Counts I-IX and XII (Docket No. 182). As grounds for this motion, Roche states that the 6-page surreply is limited to the antitrust standing issues raised for the first time in Amgen's reply, and will assist the Court in ruling on the pending motion because it further demonstrates that Roche has standing to assert all of its antitrust claims (including the state law claims to which Amgen raises the same objection). At the motion hearing held on December 20, 2006, the Court declined to allow Roche to present further oral argument in response to the standing issues raised in Amgen's reply, but suggested that additional papers could be submitted. Accordingly, Roche requests that this motion be granted.

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 190

Filed 12/22/2006

Page 2 of 2

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. Dated: December 22, 2006 Boston, Massachusetts Respectfully submitted, F. HOFFMANN-LA ROCHE LTD., ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC. By its Attorneys /s/ Julia Huston 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) Mark S. Popofsky (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/ Julia Huston Julia Huston
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