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

Filing 415

EXHIBIT re #381 MOTION To Enforce the Court's March 27, 2007 Order and to Compel Deposition Testimony under Rule 30(b)(6) Exhibit D by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Toms, Keith)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) CIVIL ACTION No.: 05-CV-12237WGY ) ) ) ) ) )

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

Exhibit D in Support of Defendants' Motion to Enforce the Court's March 27, 2007 Order and to Compel Deposition Testimony Under Rule 30(b)(6)
Roche is filing this document in the public record pursuant to paragraph 14 of the Protective Order. Amgen did not file a motion as to why the information is confidential trade secret material within the (4) Court day period of Roche's in camera submission, as required by paragraph 14. /s/ Keith E. Toms___________ 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]

Dated: April 20, 2007 Boston, Massachusetts

03099/00501 652288.2

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Exhibit D

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN, INC.,

4 Plaintiff, 5 v. 6 F. HOFFMANN-LA ROCHE, LTD., 7 8 9 10 11 12 13 14 15 16 17 (This transcript contains 18 19 20 21 22 23 24 25 eported by: Harry Alan Palter, C.S.R. NO. 7708 testimony designated confidential as per Section 5(c) of the Amended Protective Order. Please treat the entire transcript in accordance with the protective order.) IDEOTAPED DEPOSITION OF FU-KUEN LIN, PH.D. OLUME I ESTLAKE VILLAGE, CALIFORNIA ARCH 28, 2007 Swiss Company, ROCHE DIAGNOSTICS GmbH, a German ompany, and HOFFMANN-LA ROCHE, INC., a New Jersey orporation, efendants. --------------------------------ivil Action No. 5-CV-12237-WGY

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ust for the record -HE WITNESS: Good morning.

S. BEN-AMI: -- I don't believe that e ever had a designation of Dr. Lin for topic , so I will formally object to that. ut we will go forward as best we can nd see where this all leads us, since you're ere. BY MS. BEN-AMI: Q Do you understand you're being

designated as a spokesperson for Amgen as a 30(b)(6) A itness? I don't know what that number

designate for. Q Okay. But you understand that Mr. Madrid -he's your lawyer today; right? A Q Yes. Okay. And he said that you were designated to speak on behalf of Amgen, as to certain things; right? A Q A That's correct. You understand that? Yes.

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Y MS. BEN-AMI: id you ever check on the cells that he had when she had left Dr. Goldwasser and he was in New York? R. MADRID: ague. HE WITNESS: Y MS. BEN-AMI: ell, the only cells that you knew of ith Dr. Sherwood were the cells that she was alking about when she was at Dr. Goldwasser's ab? es. hat was reported. I never checked he cells, personally. ou did not check the cells, ersonally? o. o, ma'am. id anyone at Amgen check the cells, ersonally? cannot tell you. ut I knew that later on -- I believe he reported that the cell have lost activity o produce erythropoietin. Her -- she, What do you mean by -Objection.

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erself, reported that. ou mean, in the literature or to ou? don't know. his was in some meeting. kay. ow, had the cells lost their ability o produce EPO, by 1984? cannot answer you. I don't know he time. an you give me a list, to the best f your recollection and your knowledge as a 0(b)(6) -- of -- we have the Gaylis cells, the bbott cells, talked about Sherwood cells -hat other cells did you actually try to get PO from, in the human world? kay. R. MADRID: Objection.

isstates the testimony. o ahead. HE WITNESS: As I mentioned earlier,

e have obtained quite a few cells from ATCC. Y MS. BEN-AMI: o you have the numbers of what ou --

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fter we had purify the E.coli EPO -believe E.Coli EPO has also assay in the n vivo system, it have some activity. nd who did that work? hat I believe was -- in vivo assay ould have been done through Joan Egrie's roup -kay. - or maybe someone else. f it's not by her, it would be by omeone else outside. Because I think, at the

ime, we had -- EPO assay -- part of EPO assay - part is carried out outside. ow, if you continue looking down on his column, we're still on this column, it ays -- it's line -- the line numbers don't lways match up perfectly, so I'll give you my est understanding, which is line 58 or 59. It alks about vertebrate cells being mammalian nd avian? o you see that? es. ow many different vertebrate cells id Amgen use to produce biologically active uman EPO by November 30, 1984?

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don't know. o. I did not.

t any time did you determine that he amino acid sequence -o. - was 165? did not determine. t was done by the researchers at the rotein Sequencing Group, I think. kay. nd you don't know who did that work? don't know the full -- involved in etermining that. I don't know.

o the deduced -- did you deduce the mino acid sequence of human EPO from the DNA equence? hat's correct. nd when you deduced the amino acid equence of human EPO from the DNA sequence, ou determined that human EPO was 166 amino cids; correct? hat's right. kay. nd later, it was determined by omeone else that the actual amino acid

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ingle probe. o who was wearing the lead vest? e wear it all the time, and my ssociate. nd at one time, we also need to olicitate the help of the scientist next to me o help us, to relieve the burden, given of the ittle exposure. elp us out. kay. o now let's talk about the monkey PO cDNA sequencing. hat's on column 19 at the bottom. o you see that? es. ho did that work? t the time of this EPO cloning, the PO project DNA sequencing work was -- was put o -- in charge by Sid Suggs. He was assigned So they were so gracious to

o do the DNA sequencing work, coordinating all he sequencing DNA work for us. n column 19 and column 20, there's a hole list of enzymes that recognize certain NA sequences and act like a scissor and cut at hose sequences?

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ight?

ould I read this through before I nswer your question? ure. Examining document) Yes. hat was -- would you rephrase the uestion again? eah. Sure.

olumn 19 and column 20, it talks bout using enzymes. o you see that? es. nd there's a whole list of enzymes hat recognize certain sequences and cut at hose sequences; right? hat's correct. hat's what a restriction enzyme is;

es. nd those restriction enzymes were ublicly available and Amgen used them; right? R. MADRID: Objection.

utside the scope of the 30(b)(6). alls for expert testimony. HE WITNESS: This enzyme's probably

vailable and used by all the microbiologists.

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312812007 Lin, Fu-Kuen 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hat's why I say no -- all this. Y MS. BEN-AMI: ow, after that, it talks about the equencing work -- right? -- in column 20. nd I'd like you to read up until xample 4 to yourself, and tell me who did this ork. gain, the sequencing work was oordinated by Sid Suggs. t the time, there's quite a few eople involved in sequencing, the rythropoietin gene maybe eight or ten people as doing this, and I don't know who involved n sequencing the monkey cDNA. id Suggs would have knowledge, ecause he probably give pieces to different ndividual to sequence. kay. o let's go to example 4. And now hat's the human genomic library. o you see that? es. nd then it talks about a human etal -- I'll say that again -- "a human fetal iver genomic library."

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