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

Filing 283

DECLARATION re #281 MOTION to Enforce the Court's December 29, 2006 Order and To Compel the Further Production of Documents OF DEBORAH E. FISHMAN by Amgen Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2 (cover page for confidential exhibit 2)#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11#12 Exhibit 12)(Gottfried, Michael)

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

Doc. 283

Case 1:05-cv-12237-WGY

Document 283

Filed 02/15/2007

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

Civil Action No.: 05-12237 WGY

DECLARATION OF DEBORAH E. FISHMAN IN SUPPORT OF PLAINTIFF AMGEN INC.'S MOTION TO ENFORCE THE COURT'S DECEMBER 29, 2006 ORDER AND TO COMPEL THE FURTHER PRODUCTION OF DOCUMENTS

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Case 1:05-cv-12237-WGY

Document 283

Filed 02/15/2007

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I, Deborah E. Fishman, declare as follows: 1. I am a partner at the law firm of Day Casebeer Madrid & Batchelder LLP, counsel

for plaintiff Amgen, Inc. I am admitted to practice law before this Court (pro hac vice) and all of the Courts of the State of California. 2. I make this declaration of my own personal knowledge. If called to testify with

respect to the truth of the matters stated herein, I could and would do so competently. 3. Attached hereto as Exhibit 1 is a true and correct copy of the Court's Electronic

Order on Amgen's Motion to Compel Production of Documents, dated December 29, 2006. 4. Attached hereto as [Confidential] Exhibit 2 is a true and correct copy of

"Attachment 1: Key Agreements with FDA", bearing production numbers ITC-R-BLA00000007-013. 5. Attached hereto as Exhibit 3 is a true and correct copy of an Investor Update on

the Roche Website ­ "Roche officers the FDA additional Mircera data" that I had printed from Roche's website at http://www.roche.com /inv-update-2006-12-15. 6. Attached hereto as Exhibit 4 is a true and correct copy of a letter from Deborah E.

Fishman to Thomas F. Fleming, dated February 8, 2007. 7. Attached hereto as Exhibit 5 is a true and correct copy of a letter from Thomas F.

Fleming to Deborah E. Fishman, dated February 9, 2007. 8. Attached hereto as Exhibit 6 is a true and correct copy of a letter from Deborah E.

Fishman to Thomas F. Fleming, dated January 23, 2007. 9. Attached hereto as Exhibit 7 is a true and correct copy of a letter from Deborah E.

Fishman to Thomas F. Fleming, dated January 31, 2007. 10. Attached hereto as Exhibit 8 is a true and correct copy of a letter from Deborah E.

Fishman to Howard Suh, dated December 11, 2006. 11. Attached hereto as Exhibit 9 is a true and correct copy of a Goldman Sachs

Report, dated January 22, 2007.

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Case 1:05-cv-12237-WGY

Document 283

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12.

Attached hereto as Exhibit 10 is a true and correct copy of a letter from Deborah

E. Fishman to Thomas F. Fleming, dated February 7, 2007. 13. Attached hereto as Exhibit 11 is a true and correct copy of a letter from Thomas

F. Fleming to Deborah E. Fishman, dated February 2, 2007. 14. Attached hereto as Exhibit 12 is a true and correct copy of Roche's Responses and

Objections to Amgen's Second Set of Requests for Production, dated February 9, 2007. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Dated: February 15, 2007 /s/ Deborah. E. Fishman Deborah E. Fishman ________

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