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

Filing 449

Emergency MOTION For Expedited Case Management Conference by Amgen Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Gottfried, Michael)

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

Doc. 449 Att. 1

Case 1:05-cv-12237-WGY

Document 449-2

Filed 05/24/2007

Page 1 of 3

Exhibit A

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 449-2

Filed 05/24/2007

Page 2 of 3

DAY CASEBEER MADRID & BATCHELDER LLP

20300 Stevens Creek Blvd., Suite 400 Cupertino, CA 95014 Telephone: [phone] Facsimile: [phone]

Lloyd R. Day [phone] [e-mail]

May 15, 2006
VIA FACSIMILE & ELECTRONIC MAIL

Leora Ben-Ami, Esq. Kaye Scholer LLP 425 Park Avenue New York, NY 10022-3598 Re: Amgen Inc. v. F. Hoffman-Roche, Ltd., et al. Civil Action No: 05-12237-WGY

Dear Leora: As you know, on April 6 Roche served reports of 16 different experts relating to its allegations of patent invalidity and/or inequitable conduct, necessitating a response by Amgen to the issues raised by Roche, many of which have been previously litigated. Since then, Roche has served still more expert reports "supplementing" and expanding the validity and enforceability issues it seeks to put in dispute. To date, in total, Roche has served reports of 30 different experts, and Amgen has served reports of 22 experts. Needless to say, I strongly doubt that 52 experts will be called to testify at trial. I also doubt the Court will entertain the plethora of issues Roche apparently seek to advance through its expert reports. I see little point in wasting the parties' resources deposing expert witnesses who will never be called to testify at trial, or contesting issues that are highly marginal at best, and hopefully Roche agrees. I also doubt that either party can depose or defend the depositions of this number of experts by June 8, the date currently set by the Court for close of expert discovery. In such circumstances, there is no reason to waste resources and limited time deposing and defending experts who will not testify at trial. Accordingly, I propose that Roche and Amgen reach agreement on the number of experts each party will be allowed to present at trial, and that we identify now who those experts will be so that they may be deposed in accordance with the Court's discovery schedule. I propose that Amgen and Roche each offer no more than ten (10) expert witnesses to testify at trial, inclusive of all issues now framed by the pleadings. Based on the Court's pretrial rulings, the number of experts for trial may actually prove to be less.

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Case 1:05-cv-12237-WGY

Document 449-2

Filed 05/24/2007

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DAY CASEBEER MADRID & BATCHELDER LLP Leora Ben-Ami May 15, 2006 Page 2 Obviously, it is essential that the parties cooperate to ensure that, between now and June 8, Amgen and Roche both have the opportunity to depose each of the opposing parties' experts who will testify at trial. At the very least, I propose that both parties agree to limit the number of experts each party may call at trial, and to disclose, by May 18, the names of those experts each party intends to present at trial. This will enable Roche and Amgen to better determine which experts should be deposed while helping to eliminate unnecessary depositions. I am available at your convenience to discuss how we can achieve a mutually agreeable solution that ensures avoidance of further delay in the Court's schedule without impairing either party's opportunity and right to depose those experts who will actually be called to testify at trial. Sincerely yours, CASEBEER RID & BATCHELDER LLP

Lloyd R. Day, Jr. LRD: sr