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

Filing 422

Opposition 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) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Toms, Keith)

Case 1:05-cv-12237-WGY

Document 422-3

Filed 04/27/2007

Page 1 of 4

Exhibit B
David Cousineau /DC/US/KSFHH
03/27/2007 05:45 PM

To "Mathie, Belinda I." -:belinda.mathie(Qkattenlaw.com::

cc
bcc Roche Email Repository(QKSFHHNotes

Subject Re: Summary of DaVita/Roche CTSAs~

Belinda,
Thank you for sending me this document Roche does not have a problem with you producing the document as is.

Best,
David
David L. Cousineau Kaye Scholer LLP 901 Fifteenth St, NW Washington, D.C. 20005-2327
Phone: [phone]

Fax: [phone] "Mathie, Belinda I." oebelinda.mathie~kattenlaw.com::
"Mathie, Belinda I ." oebelinda .mathie (Qkattenlaw

To -:DCousineau(Qkayescholer.com::
cc "Kemnitz, Christian T." -:christian.kemnitz(Qkattenlaw.com::

.com::
03/27/2007 02:54 PM

Subject Summary of DaVita/Roche CTSAs

David, Attached please find for your information the current version of the document we intend to produce to Amgen summarizing Da Vita's clical trial service agreements with Roche. You wil
note that the two protocols you believe are non -responsive, ML20336 and ML20338 are not listed.

Chris wi give you a cal to discuss.

Belinda 1. Mathe
Litigation Associate Katten Muchin Rosenman LLP 525 West Monroe
Chicago, Illnois 60661

[phone] (direct) [phone] (fax)

CIRCULAR 230 DISCLOSUR: Pursuant to Regulations Governing Practice Before the Internal
Revenue Service, any tax advice contained herein is not intended or written to be used and canot be used by a taxpayer for the purose of avoiding tax penalties that may be imposed on the

taxpayer.

Case 1:05-cv-12237-WGY

Document 422-3

Filed 04/27/2007

Page 2 of 4

CIRCULAR 230 DISCLOSUR: Pursuant to Regulations Governing Practice Before the
Internal Revenue Service, any tax advice contained herein is not intended or wrtten to be used and canot be used by a taxpayer for the purose of avoiding tax penalties that may be imposed on the taxpayer.

CONFIDENTIAITY NOTICE: This electronic mail message and any attched fies contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is you proprietary, privileged, confidential andor exempt from disclosure under applicable law If are not the intended recipient you are hereby notified that any viewing copying. disclosure or Please notify the distrbution of this information may be subject to legal restrction or sanction sender, by electronic mail or telephont; of any unintended recipients and delete the original message without makng any copies
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(New) Summary of Clinical Trial Services

Agreements Executed by DaVita with Roche.DOC

Summary of Clinical Trial Services Agreements/SM 0 Clinical Trial Agreements Executed by Da Vita with Roche

Protocol No. 8/25/05

Effective Date

Exclusionary Provisions

Date Executed
7/29/04
6

Maximum Number of Patients
None None

Expected Duration (Best Efforts Completion Date)

Case 1:05-cv-12237-WGY

Protocol # BA17284
5/9/05

7/20/04

Rollover Study of

7/16/05
7

Document 422-3

7/20/04 Agreement (Protocol #BH18387)
9/7/04
6

December 2006

Protocol # BA17284
7/15/05
3

10/7/04

8/25/05

None None
December 2006

Rollover Study of

7/19/05

Filed 04/27/2007

9/7/04 Agreement (Protocol #BH18387)

Page 3 of 4

Case 1:05-cv-12237-WGY

Document 422-3

Filed 04/27/2007

Page 4 of 4

David

To "Fishman, Deborah" -:dfishman(Qdaycasebeer.com::
cc "Day, Rusty" -:daylr(Qdaycasebeer.com::; "Mark Hebert"

Cousineau IDC/US/KSFHH
03/29/200710:48 AM

-:Hebert(Qfr.com::; jbrew(Qkayescholer.com; "Michael Kallus" -:Kallus(Qfr.com::; "Krista Carter" bcc Roche Email Repository(QKSFHHNotes

Subject RE: Amjlen/Roche: Fresenius's Document Production to AmgenËl
Dear Deborah,

We have explained our position on these points numerous times in correspondence with you and in briefs filed with the court. I do not see the point in belaboring this further.
I learned this morning that of the documents related to clinical trials Mark Hebert sent us, only one trial is ongoing. I passed this information on to Mark this morning and told him that Roche does not object to production of the documents related to the completed clinical trials. For the reasons set out in our prior correspondence, in briefs to the court, and in the courts orders, we maintain our objections to production

of information related to the one ongoing clinical trial. We wil similarly maintain this objection during the
Fresenius deposition on Friday.

Your suspicions about Roche's motives are incorrect We are simply trying to maintain the integrity of the

court-imposed discovery limits. Furthermore, your selective quotation of the Model Rules is
disingenuous. First, as Judge Young ruled, the information requested in your subpoena is not relevant (as required by your quote) to this case. Second, the model rule only pertains to instances where the

attorney does not "reasonably believe( that the person's interests wil not be adversely affected by

refraining from giving such information." Because Fresenius is a third-part whom Amgen is pressuring to produce irrelevant information, it is hard to imagine how Roche's communications to Fresenius's lawyer about the scope of relevant discovery adversely affects Freseniuss interests.
Thank you, David

David L. Cousineau Kaye Scholer LLP 901 Fifteenth St, NW Washington, D.C. 20005-2327 Phone: [phone]

Fax: [phone] "Fishman, Deborah" oedfishman~daycasebeer.com::
"Fishman, Deborah"
-:dfishman (Qdaycasebeer .c

om::
03/28/2007 10:28 PM

To -:dcousineau(Qkayescholer.com::; -:jbrew(Qkayescholer.com::
cc "Michael Kallus" -:Kallus(Qfr.com~; "Krista Carter" -:rista_carter51 (Qhotmail.com::; "Mark Hebert" -:Hebert(Qfr.com::; "Day, Rusty" -:daylr(Qdaycasebeer.com::

Subject RE: Amgen/Roche: Fresenius's Document Production to
Amgen

Dear David,