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

Filing 436

DECLARATION re #435 Opposition to Motion OF WILLIAM G. GAEDE, III IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE INFRINGMENT ALLEGATIONS IN AMGEN'S EXPERT REPORTS AND TO PRECULDE TESTIMONY by Amgen Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6)(Gottfried, Michael)

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

Doc. 436

Case 1:05-cv-12237-WGY

Document 436

Filed 05/15/2007

Page 1 of 3

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 LA ROCHE INC., a New ) Jersey Corporation, ) ) Defendants. ) AMGEN INC.,

Civil Action No.: 1:05-cv-12237 WGY

DECLARATION OF WILLIAM G. GAEDE, III, IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO STRIKE INFRINGEMENT ALLEGATIONS IN AMGEN'S EXPERT REPORTS AND TO PRECLUDE TESTIMONY I, William G. Gaede, III, declare as follows: 1. I am a partner with McDermott Will & Emery LLP and counsel for Amgen, Inc.

in the above-captioned matter. 2. I am submitting this declaration in support of Amgen Inc.'s Opposition to

Defendants' Motion To Strike Infringement Allegations in Amgen's Expert Reports and To Preclude Testimony. 3. I have knowledge of the following, and if called as a witness, could and would

testify competently to the contents herein. 4. Attached as Exhibit 1 is a true and correct chart showing the documents cited in

the paragraphs of Amgen's experts' reports that Roche seeks to strike, the report paragraphs where the documents are cited, and the production status/Bates numbers of the documents. 5. Attached as Exhibit 2 is a true and correct copy of the pages containing the

paragraphs that Roche seeks to strike from the First Expert Report of Vladimir P. Torchilin, Ph.D., D.Sc, dated April 6, 2007. Roche Confidential Information has been redacted.

-1MPK 126634-1.041925.0023

Gaede Decl. re Opp to M/Strike Infringement Allegations Civil Action No. 1:05-CV-12237 WGY
Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 436

Filed 05/15/2007

Page 2 of 3

6.

Attached as Exhibit 3 is a true and correct copy of the pages containing

paragraphs that Roche seeks to strike from the First Expert Report of Nandini Katre, Ph.D., dated April 6, 2007. Roche Confidential Information has been redacted. 7. Attached as Exhibit 4 is a true and correct copy of the pages containing

paragraphs that Roche seeks to strike from the Expert Report of Harvey F. Lodish, Ph.D. Regarding Infringement, dated April 6, 2007. redacted. 8. Attached as Exhibit 5 is a true and correct copy of Paragraphs 25-47 of the April Roche Confidential Information has been

6, 2007 Expert Report of Dr. Robert Langer, Roche's expert, that discuss pegylation in general and pegylation of non-EPO compounds. 9. Attached as Exhibit 6 is a true and correct copy of selected pages from Plaintiff's

Supplemental Response to Defendants' First Set of Interrogatories (Nos. 1-12), dated February 10, 2007. I declare, under penalty of perjury, under the laws of the United States, that the foregoing is true and correct and that this Declaration was completed at Palo Alto, California this 15th day of May 2007. /s/ William G. Gaede, III William G. Gaede, III

-2MPK 126634-1.041925.0023

Gaede Decl. re Opp to M/Strike Infringement Allegations Civil Action No. 1:05-CV-12237 WGY

Case 1:05-cv-12237-WGY

Document 436

Filed 05/15/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that this document filed through the Electronic Case Filing (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/ Michael R. Gottfried Michael R. Gottfried

MPK 126634-1.041925.0023

-1-

Certificate of Service Civil Action No. 1:05-CV-12237 WGY