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

Filing 49

DECLARATION re #44 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: #1 Exhibit Exhibit 1, Part 1#2 Exhibit Exhibit 1, Part 2#3 Exhibit Exhibit 1, Part 3#4 Exhibit Exhibit 1, Part 4#5 Exhibit Exhibit 1, Part 5#6 Exhibit 2#7 Exhibit 3#8 Exhibit 4#9 Exhibit 5#10 Exhibit 6#11 Exhibit 7#12 Exhibit 8)(Huston, Julia)

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

Doc. 49

Case 1:05-cv-12237-WGY

Document 49

Filed 04/11/2006

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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 HOWARD SUH, ESQ. IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM FOR WHICH RELIEF MAY BE GRANTED I, Howard S. Suh, hereby declare under penalty of perjury that: 1. I am an attorney admitted to the Bar of the State of New York and am counsel to

the law firm of Kaye Scholer LLP, counsel for Defendants in the above captioned case. 2. I make this declaration in support of Defendants' Motion To Dismiss For Lack of

Subject Matter Jurisdiction and Failure to State a Claim for Which Relief May Be Granted, dated April 11, 2006. 3. Exhibit 1, attached hereto, is a true and correct copy of The Pink Sheet, Vol. 67,

No. 45, p. 17, November 7, 2005. 4. Exhibit 2, attached hereto, is a true and correct copy of Tufts Center for the Study

of Drug Development, Impact Report Vol. 7, No. 6, p. 4, November/December 2005.

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Case 1:05-cv-12237-WGY

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5.

Exhibit 3, attached hereto, is a true and correct copy of FDA CBER New Drug

Approval Times located at http://www.fda.gov/cber/products/apprtime.htm, and printed on March 7, 2006. 6. Exhibit 4, attached hereto, is a true and correct copy of FDA CDER Approval

Times for Priority and Standard NMEs and New BLAs Calendar Years 1993-2004 located at http://www.fda.gov/cder/rdmt/NMEapps93-04.htm, and printed on March 7, 2006. 7. Exhibit 5, attached hereto, is a true and correct copy of the webpage located at

http://www.fda.gov/cber/products/apprtime2.htm, printed on March 7, 2006. 8. Exhibit 6, attached hereto, is a true and correct copy of the webpage located at

http://www.fda.gov/oc/pdufa/PDUFAIIIGoals.html, and printed on March 24, 2006. 9. Exhibit 7, attached hereto, is a true and correct copy of a Reuters newswire dated

March 1, 2006, entitled "Amgen's `strategic intention' is to acquire - CEO". 10. Exhibit 8, attached hereto, is a true and correct copy of an article entitled "J&J,

Amgen Caution on Anemia Drugs" by A. Chang, dated Dec.2, 2005, located at http://www.thestreet.com/stocks/biotech/10255421.html, and printed on March 7, 2006.

Dated: April 11, 2006 /s/ Howard Suh Howard S. Suh

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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 paper copies will be sent to those indicated as non registered participants on the above date. /s/ Julia Huston

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