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

Filing 441

AFFIDAVIT of Kimberly J. Seluga in Support re #439 MOTION for Summary Judgment of Noninfringement of the '080 Patent filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2 (1 of 4)#3 Exhibit 2 (2 of 4)#4 Exhibit 2 (3 of 4)#5 Exhibit 2 (4 of 4)#6 Exhibit 3#7 Exhibit 4)(Huston, Julia)

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

Doc. 441

Case 1:05-cv-12237-WGY

Document 441

Filed 05/21/2007

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, vs. F. HOFFMANN-LA ROCHE LTD; ROCHE DIAGNOSTICS GmbH; and HOFFMANN-LA ROCHE INC. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION No.: 05-CV-12237WGY

DECLARATION OF KIMBERLY J. SELUGA IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF NONINFRINGEMENT OF THE `080 PATENT I, Kimberly J. Seluga, declare under penalty of perjury that: 1. I am an attorney at the law firm of Bromberg & Sunstein LLP and am admitted to

the Bar of the Commonwealth of Massachusetts. I am counsel for Defendants in the abovereferenced case. 2. I make this declaration in support of the Defendants' Motion for Summary

Judgment of Noninfringement of the `080 Patent, dated May 21, 2007. 3. Attached hereto as Exhibit 1 is a true and correct excerpt of Plaintiff's

Supplemental Responses to Defendants' First Set of Interrogatories (Nos. 1-12) No. 1, at p. 3, dated February 9, 2007. 4. 5,621,080. Attached hereto as Exhibit 2 is a true and correct copy of U.S. Patent No.

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 441

Filed 05/21/2007

Page 2 of 2

5.

Attached hereto as Exhibit 3 is a true and correct excerpt of the Expert Report of

Harvey F. Lodish, Ph.D. Regarding Infringement ¶ 117, dated April 6, 2007. 6. Attached hereto as Exhibit 4 is a true and correct excerpt of Plaintiff's

Supplemental Responses to Defendants' First Set of Interrogatories (Nos. 1-12), Ex. A at 46, dated February 9, 2007. Executed this 21st day of May 2007 at Boston, Massachusetts.

/s/ Kimberly J. Seluga Kimberly J. Seluga CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and, due to the federal holiday, paper copies will be sent to those indicated as non-registered participants on the above-referenced date. /s/ Julia Huston Julia Huston

03099/00501 672113.1

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