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

Filing 501

DECLARATION re #498 MOTION for Summary Judgment of No Obviousness-Type Double Patenting BY MARIO MOORE by Amgen Inc.. (Attachments: #1 Exhibit A#2 Exhibit B (part 1)#3 Exhibit B (part 2)#4 Exhibit C (part 1)#5 Exhibit C (part 2)#6 Exhibit D (part 1)#7 Exhibit D (part 2)#8 Exhibit E (part 1)#9 Exhibit E (part 2)#10 Exhibit F (part 1)#11 Exhibit F (part 2)#12 Exhibit G (part 1)#13 Exhibit G (part 2)#14 Exhibit H-1 (part 1)#15 Exhibit H-1 (part 2)#16 Exhibit H-2#17 Exhibit H-3#18 Exhibit H-4#19 Exhibit H-5#20 Exhibit H-6#21 Exhibit H-7#22 Exhibit H-8#23 Exhibit H-9#24 Exhibit H-10#25 Exhibit H-11#26 Exhibit H-12#27 Exhibit H-13#28 Exhibit H-14#29 Exhibit H-15#30 Exhibit H-16#31 Exhibit H-17#32 Exhibit H-18#33 Exhibit H-19#34 Exhibit H-20#35 Exhibit H-21#36 Exhibit H-22#37 Exhibit H-23#38 Exhibit H-24#39 Exhibit H-25#40 Exhibit H-26#41 Exhibit H-27#42 Exhibit H-28#43 Exhibit H-29#44 Exhibit H-30#45 Exhibit H-31#46 Exhibit H-32#47 Exhibit I (part 1)#48 Exhibit I (part 2)#49 Exhibit J (part 1)#50 Exhibit J (part 2)#51 Exhibit K#52 Exhibit L#53 Errata M-1#54 Exhibit M-2#55 Exhibit M-3#56 Exhibit M-4#57 Exhibit M-5#58 Exhibit N-1#59 Exhibit N-2#60 Exhibit N-3#61 Exhibit O#62 Exhibit P-1#63 Exhibit P-2#64 Exhibit Q (part 1)#65 Exhibit Q (part 2))(Gottfried, Michael)

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

Doc. 501

Case 1:05-cv-12237-WGY

Document 501

Filed 06/14/2007

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) Plaintiff, ) ) v. ) ) ) F. HOFFMANN-LAROCHE ) LTD., a Swiss Company, ROCHE ) DIAGNOSTICS GmbH, a German ) Company and HOFFMANN LAROCHE ) INC., a New Jersey Corporation, ) ) Defendants. ) __________________________________________) AMGEN INC.,

Civil Action No.: 05-12237 WGY

DECLARATION OF MARIO MOORE IN SUPPORT OF AMGEN INC.'S MEMORANDUM TO ITS MOTION FOR SUMMARY JUDGMENT OF NO OBVIOUSNESS-TYPE DOUBLE PATENTING I, Mario Moore, declare as follows: 1. I am an attorney at the law firm of Day Casebeer Madrid & Batchelder LLP,

counsel for plaintiff Amgen Inc. I am admitted to practice law before this Court (pro hac vice) and all of the Courts of the State of California. 2. I make this declaration of my own personal knowledge. If called to testify as to

the truth of the matters stated herein, I could and would testify competently. 3. Attached hereto as Exhibit A is a demonstrative that provides a visual overview of

the prosecution history of Dr. Lin's patents-in-suit. 4. 4,703,008. 5. 5,547,933. Attached hereto as Exhibit C is a true and correct copy of U.S. Patent No. Attached hereto as Exhibit B is a true and correct copy of U.S. Patent No.

681380

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Dockets.Justia.com

Case 1:05-cv-12237-WGY

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6. 5,756,349. 7. 5,955,422. 8. 5,441,868. 9. 5,618,698. 10.

Attached hereto as Exhibit D is a true and correct copy of U.S. Patent No.

Attached hereto as Exhibit E is a true and correct copy of U.S. Patent No.

Attached hereto as Exhibit F is a true and correct copy of U.S. Patent No.

Attached hereto as Exhibit G is a true and correct copy of U.S. Patent No.

Attached hereto as Exhibit H is a true and correct copy of the prosecution history

of U.S. Patent Application No. 06/675,298. For ease of reference, Exhibit H is divided into subparts H-1 to H-32, with each subpart corresponding to the `298 prosecution history paper bearing the same number (e.g., H-1 = `298 File History, Paper 1). 11. Attached hereto as Exhibit I is a true and correct copy of U.S. Patent Application

No. 07/113,178. 12. Attached hereto as Exhibit J is a true and correct copy of U.S. Patent Application

No. 07/113,179. 13. Attached hereto as Exhibit K is a true and correct copy of U.S. Patent Application

No. 06/747,119. 14. 4,667,016. 15. Attached hereto as Exhibit M is a true and correct copy of the following Attached hereto as Exhibit L is a true and correct copy of U.S. Patent No.

documents from the prosecution history of U.S. Patent Application No. 07/113,178: · · · · · M-1: Office Action, mailed June 20, 1989. M-2: Amendment and Remarks, filed July 12, 1989. M-3: Office Action, mailed September 18, 1989. M-4: Amendment Under Rule 116, mailed January 11, 1990. M-5: Office Action, mailed December 29, 1993. 2

Case 1:05-cv-12237-WGY

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16.

Attached hereto as Exhibit N is a true and correct copy of the following excerpts

from the prosecution history of U.S. Patent Application No. 07/113,179: · · N-1: Office Action, mailed September 1, 1993. N-2: Applicant's Amendment and Response Under 37 C.F.R. §§ 1.115 and 1.111, filed January 31, 1994. · 17. N-3: Office Action, mailed February 15, 1994.

Attached hereto as Exhibit O is a true and correct copy of Amgen Inc's Response

to Roche's Interrogatory No. 40, served April 2, 2007. 18. Attached hereto as Exhibit P is a true and correct copy of the Manual of Patent

Examining Procedure, Sections 201.06 and 201.06(a): · · 19. P-1: 5th Edition, Revision 11, April 1989. P-2: 8th Edition, Revision 5, August 2006.

Attached hereto as Exhibit Q is a true and correct copy of the April 6, 2007

Expert Report of Dr. Edward Everett Harlow, Jr.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Signed this 14th day of June, 2007.

By:

/s/ Mario Moore Mario Moore

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