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

Filing 337

NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. of Service of Allegedly Confidential Documents to be Filed in Support of Defendants' Motion to Compel Production of Doucments Improperly Withheld on Grounds of Privilege [DN 336] (Kann, Robert)

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

Doc. 337

Case 1:05-cv-12237-WGY

Document 337

Filed 03/27/2007

Page 1 of 3

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

NOTICE OF SERVICE OF ALLEGEDLY CONFIDENTIAL DOCUMENTS TO BE FILED IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS IMPROPERLY WITHHELD ON GROUNDS OF PRIVILEGE Defendants F. Hoffmann-La Roche LTD, Roche Diagnostics GmbH and Hoffmann-La Roche Inc. (collectively, "Roche") hereby certify, pursuant to the Protective Order dated February 7, 2007 [docket #274], that it served today, via hand-delivery, on plaintiff Amgen Inc.'s ("Amgen") counsel, Michael R. Gottfried, at Duane Morris LLP and via overnight mail to Amgen's counsel, William Gaede, III at McDermott, Will & Emery, the following documents which Amgen (not Roche) has identified as confidential: 1. Confidential Version of Memorandum in Support of Defendants' Motion to Compel Production of Documents Improperly Withheld on Grounds of Privilege; 2. Allegedly Confidential Appendix A in Support of Defendants' Motion to Compel Production of Documents Improperly Withheld on Grounds of Privilege; 3. Allegedly Confidential Appendix B, Exhibit 1 in Support of Defendants' Motion to Compel Production of Documents Improperly Withheld on Grounds of Privilege;

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 337

Filed 03/27/2007

Page 2 of 3

4. Allegedly Confidential Appendix B, Exhibit 3 in Support of Defendants' Motion to Compel Production of Documents Improperly Withheld on Grounds of Privilege; 5. Allegedly Confidential Appendix B, Exhibit 6 in Support of Defendants' Motion to Compel Production of Documents Improperly Withheld on Grounds of Privilege; 6. Allegedly Confidential Appendix B, Exhibit 7 in Support of Defendants' Motion to Compel Production of Documents Improperly Withheld on Grounds of Privilege; 7. Allegedly Confidential Appendix B, Exhibit 8 in Support of Defendants' Motion to Compel Production of Documents Improperly Withheld on Grounds of Privilege; and 8. Allegedly Confidential Appendix C in Support of Defendants' Motion to Compel Production of Documents Improperly Withheld on Grounds of Privilege. Roche believes the documents at issue are not confidential or trade secret material, but must nonetheless submit them for in camera inspection pursuant to the Protective Order because Amgen has unreasonably refused Roche's request to file the documents in the public record. The allegedly confidential materials comprise the prior testimony of the attorney who prosecuted Amgen's patents in suit, which effected a waiver of Amgen's attorney-client privilege as to certain categories of documents and information. It is necessary for the Court to review the testimony in order to assess whether a waiver has occurred. Pursuant to paragraph 14 of the Protective Order, Amgen has four (4) Court days to seek leave of Court pursuant to Local Rule 7.2 if it seeks to have the Court deem such documents confidential and require their filing under seal. Roche will oppose any such motion within two (2) days.

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Case 1:05-cv-12237-WGY

Document 337

Filed 03/27/2007

Page 3 of 3

Dated: March 27, 2007 Boston, Massachusetts

Respectfully submitted, F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC. By their Attorneys, /s/ Robert L. Kann 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) Vladimir Drozdoff (pro hac vice) David L. Cousineau (pro hac vice) 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/ Robert L. Kann Robert L. Kann

03099/00501 640123.1

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