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

Filing 379

DECLARATION re #377 MOTION to Preclude Further Interference with Third-Party Discovery and Compel Production of Documents And Deposition Testimony, or in the Alternative, Motion to Strike Defendants? Defense Under 35 U.S.C. Section 271(e)(1), #378 Memorandum in Support of Motion, OF MARIO MOORE by Amgen Inc.. (Attachments: #1 Confidential Exhibit Coversheet#2 Exhibit 1#3 Exhibit 2#4 Exhibit 3# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9, Part 1 of 2# 10 Exhibit 9, Part 2 of 2# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 15# 15 Exhibit 16# 16 Exhibit 17# 17 Exhibit 18#18 Exhibit 19#19 Exhibit 20#20 Exhibit 21#21 Exhibit 22#22 Exhibit 25#23 Exhibit 26#24 Exhibit 27# 25 Exhibit 28# 26 Exhibit 29#27 Exhibit 30)(Gottfried, Michael) Additional attachment(s) added on 4/16/2007 (Paine, Matthew). Additional attachment(s) added on 4/16/2007 (Paine, Matthew).

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Amgen Inc. v. F. Hoffmann-LaRoche LTD et al Doc. 379 Case 1:05-cv-12237-WGY Document 379 Filed 04/13/2007 Page 1 of 5 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 MARIO MOORE IN SUPPORT OF PLAINTIFF AMGEN INC.'S MOTION TO PRECLUDE FURTHER INTERFERENCE WITH THIRD-PARTY DISCOVERY AND COMPEL PRODUCTION OF DOCUMENTS AND DEPOSITION TESTIMONY, OR IN THE ALTERNATIVE, MOTION TO STRIKE DEFENDANTS' DEFENSE UNDER 35 U.S.C. § 271(e)(1) 644870_1 Dockets.Justia.com Case 1:05-cv-12237-WGY Document 379 Filed 04/13/2007 Page 2 of 5 I, Mario Moore, declare as follows: 1. I am an attorney admitted to practice law before all of the Courts of the State of California and the State of New York and before this Court (pro hac vice). I am an associate with the law firm of Day Casebeer Madrid & Batchelder LLP, counsel for plaintiff Amgen Inc. in this matter. 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 Amgen's Subpoena of DaVita, dated January 12, 2007. 4. Attached hereto as Exhibit 2 is a true and correct copy of Amgen's Subpoena of DaVita, dated March 9, 2007. 5. Attached hereto as Exhibit 3 is a true and correct copy of Amgen's Subpoena of Fresenius, dated March 27, 2007. 6. Attached hereto as Exhibit 4 is a true and correct copy of a Roche document titled "US CERA Medical Team Renal Program Analysis and Recommendations," dated April 6, 2005, bearing Bates number ITC-R-00024046-093. 7. Attached hereto as Exhibit 5 is a true and correct copy of a Roche document consisting of a memo to file from Chrys Kokino to NAOC: MIRCERA Investment Alternative: Reduction in Clinical Trials, dated August 15, 2006, bearing bates number R10-002623730-731. 8. Attached hereto as Exhibit 6 is a true and correct copy of a Roche document consisting of an email from Jerry Varkey to Amy VanBuskirk, dated August 15, 2006, Subject: RE: AMT_Aug_9_06.ppt, bearing bates number R11-000103779-783. 9. Attached hereto as Exhibit 7 is a true and correct copy of a Roche document titled "Synopsis of Protocol Number ML20336: A prospective, randomized, open-label, multi-center, pharmacoeconomic evaluation (Time and Motion) comparing RO0503821 to epoetin alfa in patients with chronic kidney disease (CKD) stage V on dialysis," bearing bates number R11000224801-808. 1 Case 1:05-cv-12237-WGY Document 379 Filed 04/13/2007 Page 3 of 5 10. Attached hereto as Exhibit 8 is a true and correct copy of a Roche document titled "Synopsis of Protocol Number ML20337: Prospective, open-label, randomized, multi-center study to demonstrate the efficacy and safety of intravenous (IV) RO0503821 for hemoglobin control in patients transitioning from chronic kidney disease stage 4 through dialysis," bearing bates number R11-000221423-462. 11. Attached hereto as Exhibit 9 is a true and correct copy of a Roche document titled "Clinical Study Protocol ­ Protocol Number ML 20338," dated October 6, 2006, bearing bates number R11-000221629-694. 12. Attached hereto as Exhibit 10 is a true and correct copy of a Roche document titled "Executive Summary," dated January 2007, bearing bates number R005193744-746. 13. Attached hereto as Exhibit 11 is a true and correct copy of a Roche document titled "Executive Summary," dated December 2006, bearing bates number R005193747-749. 14. Attached hereto as Exhibit 12 is a true and correct copy of a Roche document titled "Clinical Trials," dated January 2, 2007, bearing Bates number R11-000227328-332. 15. Attached hereto as Exhibit 13 is a true and correct copy of excerpts of the transcript of the April 2, 2007 deposition of Shaun Collard. 16. Attached hereto as Exhibit 14 is a true and correct copy of a Roche document consisting of an email from Jean-Paul Pfefen to Jean-Pierre Buch, dated August 18, 2004, RE: Question regarding CERA shipments, bearing bates number ITC-R-00076865-910. 17. Attached hereto as Exhibit 15 is a true and correct copy of a Roche document titled "US IIIb-Anemia Clinical Trial Task Force," bearing bates number R005186997-7000. 18. Attached hereto as Exhibit 16 is a true and correct copy of a Roche document titled "ML20336 MIRCERA Time and Motion Study," bearing bates number R005193131-136. 19. Attached hereto as Exhibit 17 is a true and correct copy of a Roche document titled "Anemia Task Force Update," dated January 16, 2007, bearing bates number R005187983992. 2 Case 1:05-cv-12237-WGY Document 379 Filed 04/13/2007 Page 4 of 5 20. Attached hereto as Exhibit 18 is a true and correct copy of an email from Jerry Varkey to Iris Kingma-Johnson and Richard Beswick, dated June 6, 2006, Subject: FW: CERA ­ Clinical Study Update, bearing bates number R11-000218955-956. 21. Attached hereto as Exhibit 19 is a true and correct copy of an email from BeLinda Mathie to Deborah E. Fishman, dated March 29, 2007. 22. Attached hereto as Exhibit 20 is a true and correct copy of a letter from David L. Cousineau to Deborah E. Fishman, dated March 28, 2007. 23. Attached hereto as Exhibit 21 is a true and correct copy of an email from Mark J. Hebert to Deborah E. Fishman, dated March 29, 2007. 24. Attached hereto as Exhibit 22 is a true and correct copy of an email from Mark J. Hebert to Mario Moore, dated March 29, 2007. 25. Attached hereto as Exhibit 23 is a true and correct copy of excerpts of the deposition transcript of Ute Dugan, March 22, 2007. 26. Attached hereto as Exhibit 24 is a true and correct copy of excerpts of the transcript of the April 2, 2007 deposition of Frank (Chris) Dougherty. 27. Attached hereto as Exhibit 25 is a true and correct copy of an email from Thomas Fleming to Deborah E. Fishman, dated March 28, 2007. 28. Attached hereto as Exhibit 26 is a true and correct copy of a letter from Christian T. Kemnitz to Deborah E. Fishman, dated March 19, 2007. 29. Attached hereto as Exhibit 27 is a true and correct copy of a letter from Deborah E. Fishman to Christian T. Kemnitz, dated March 28, 2007. 30. Attached hereto as Exhibit 28 is a true and correct copy of a Roche document titled "ML20337 MIRCERA Continuum of Care," bearing bates number R005193165-177. 31. Attached hereto as Exhibit 29 is a true and correct copy of a Roche document titled "ML20338 MIRCERA Peritoneal Dialysis" bearing bates number R00519311-116. 3 Case 1:05-cv-12237-WGY Document 379 Filed 04/13/2007 Page 5 of 5 32. Attached hereto as Exhibit 30 is a true and correct copy of a letter from David Cousineau to Krista M. Carter, dated March 28, 2007. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: April 13, 2007 /s/ Mario Moore Mario Moore 4

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