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

Filing 247

MOTION to Seal A Document Containing Defendants' Confidential And Trade Secret Materials by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Rizzo, Nicole)

Case 1:05-cv-12237-WGY

Document 247

Filed 01/17/2007

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, v. F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION No.: 05-CV-12237WGY

DEFENDANTS' MOTION TO FILE UNDER SEAL A DOCUMENT CONTAINING DEFENDANTS' CONFIDENTIAL AND TRADE SECRET MATERIALS Defendants F. Hoffmann-La Roche Ltd, Roche Diagnostics GmbH, and Hoffmann-La Roche Inc. (collectively "Roche") respectfully move, pursuant to the Protective Order, to file under seal a document which contains Roche's confidential and trade secret materials and which Amgen seeks to file in the public record. 1 As set forth in greater detail in the accompanying Memorandum and Declaration of Dr. Reinhard Franz, Head of Pharmaceutical Biotech Technical Development Fermentation within the Pharmaceutical Biotech Production at Roche Diagnostics GmbH, the Roche document which Amgen seeks to file in the public record is a copy of Defendants' Supplemental Responses to Amgen Inc.'s First Set of Requests for Admission (Nos. 1-22) ("RFAs"). This document

includes excerpts from Roche's highly sensitive, confidential Biologics License Application

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The document Amgen seeks to file was submitted to the Court in a sealed envelope for in camera review on January 10, 2007, and was returned to counsel for Amgen on January 17, 2007, and corresponds to Exhibit 5 of Amgen's Declaration of Deborah E. Fishman in Support of Plaintiff's Memorandum in Support of its Motion to Compel Production of Roche's Cell Line (Docket No. 224). Roche would be pleased to resubmit this document for in camera inspection if the Court so requires.

Case 1:05-cv-12237-WGY

Document 247

Filed 01/17/2007

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("BLA") regarding the particular chemical synthesis of Roche's unique product and the recombinant CHO cell line which produces EPO. Exhibit 5 is not necessary for the Court to decide the issues in Amgen's motion and for this reason, Roche requests that the document not be accepted for filing at all. However, if the Court deems this document to be necessary for the disposition of Amgen's motion, then Roche respectfully requests the entire document to be filed under seal, but if not the entire document, then at least the portions contained at pages 22-27 and 29-35 (RFA Nos. 15-17 and 19-22), all of which contain excerpts of trade secret information from Roche's BLA. 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 counsel for Amgen has agreed not to oppose this motion.

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Case 1:05-cv-12237-WGY

Document 247

Filed 01/17/2007

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DATED:

Boston, Massachusetts January 17, 2007

Respectfully submitted, F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC. By its Attorneys, /s/ Nicole A. Rizzo 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, NY 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/ Nicole A. Rizzo Nicole A. Rizzo
03099/00501 601795.1

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