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

Filing 417

EXHIBIT re #381 MOTION To Enforce the Court's March 27, 2007 Order and to Compel Deposition Testimony under Rule 30(b)(6) Exhibit F 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 F 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 652297.2

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UDC

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3/912007 Strickland, Thomas 1 2 3 AMGEN, INC., 4 Plaintiff, 5 v. 6 F. HOFFMANN-LA ROCHE, LTD., 7 8 9 10 11 12 13 14 15 16 17 18 (This transcript is 19 20 21 22 23 24 25 eported by: Harry Alan Palter, C.S.R. NO. 7708 designated CONFIDENTIAL as per Section 5(c) of the Amended Protective Order. Please treat the entire transcript in accordance with the protective order.) ONFIDENTIAL VIDEOTAPED DEPOSITION OF THOMAS WAYNE STRICKLAND VOLUME I LOS ANGELES, CALIFORNIA MARCH 9, 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 NITED STATES DISTRICT COURT ISTRICT OF MASSACHUSETTS

Exhibit F

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A M S I

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3/9/2007 Strickland, Thomas

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ignificant expense and effort, excellent color opies of many pages of Dr. Strickland's lab otebooks. And so you have had a chance to

eview very good copies for quite a while now nd, therefore, we think that you've had an dequate opportunity to review Dr. Strickland's aterials before this deposition. R. JAGOE: uick response. Well, I'll just make a

Not that one is necessary, but

t should be known that Dr. Strickland was oticed for deposition several weeks ago, and t was only on March 6th when you identified im as a 30(b)(6) witness, and it was only last ight when you supplemented your Rule 26 isclosures, identifying Dr. Strickland as a erson having certain knowledge in certain reas. nd we agreed yesterday we would try o finish today. If we don't finish today, we ill continue at another time. t's not Amgen's decision whether or ot Dr. Strickland will appear. That will be ecided by the Court, if an agreement can't be eached. o we'll proceed with the deposition.

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hrough the questions.

But 10 hours in one day

s enough for any witness. o -R. JAGOE: You said you would stay

ate to finish and go beyond 7 hours. We aven't -- only been 7 hours on the record yet. R. LOEB: I don't know how many ours we've been on the record, but we've been ere for 10 hours. R. JAGOE: een on the record? R. LOEB: Would you like to start How many hours have we

gain on Monday morning? R. JAGOE: I can't agree to that. HE VIDEOGRAPHER: 3 minutes. R. JAGOE: We have another hour to 7 hours and

o now. I'm willing to finish now. R. LOEB: I'm sorry.

e can't. It's been too long. R. JAGOE: chedule another time. o you have any problems staying for nother hour, Dr. Strickland? R. LOEB: Tom, it's time to go. Then we'll have to

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3/9/2007 Strickland, Thomas

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 xhibits?

ake your microphone off. HE WITNESS: oing with them. R. JAGOE: We'll have to meet again If they're leaving, I'm

or the final topic of your 30(b)(6) eposition, then. HE VIDEOGRAPHER: he record, Counsel? R. JAGOE: Did you say how many Are we going off

ours we were on the record? R. LOEB: He did. 7 hours and about

HE VIDEOGRAPHER: 5 minutes now. R. JAGOE: Okay.

e'll stay on the record, 'cause I'm oing to ask some more questions. R. LOEB: mpty chair. S. WHITEFORD: Want to take the You can ask them to an

R. LOEB:

Yes.

hese are for us. Mumbling) HE REPORTER: ou're saying. I can't hear what

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