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

Filing 502

DECLARATION re #498 MOTION for Summary Judgment of No Obviousness-Type Double Patenting BY HARVEY F. LODISH, Ph.D. by Amgen Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D-1#5 Errata D-2#6 Exhibit D-3#7 Errata D-4#8 Exhibit E-1#9 Exhibit E-2 (part 1)#10 Exhibit E-2 (part 2)#11 Exhibit E-3#12 Exhibit E-4#13 Exhibit E-5 (part 1)#14 Exhibit E-5 (Part 2)#15 Exhibit E-5 (part 3)#16 Exhibit E-6)(Gottfried, Michael)

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

Doc. 502 Att. 6

Case 1:05-cv-12237-WGY

Document 502-7

Filed 06/14/2007

Page 1 of 2

EXHIBIT D-3

Lodish Decl to Motion for SJ re ODP - Public

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 502-7

Filed 06/14/2007

Page 2 of 2

Table D-3 Original Group IV Claims Original Claim 42. Vertebrate cells which can be propagated in vitro continuously and which upon growth in culture are capable of producing in the medium of their growth in excess of 100 U of erythropoietin per 106 cells in 48 hours as determined by radioimmunoassay. 43. Vertebrate cells according to claim 42 capable of producing in excess of 500 U erythropoietin per 106 cells in 48 hours. 44. Vertebrate cells according to claim 42 capable of producing in excess of 1,000 U erythropoietin per 106 cells in 48 hours. 45. Vertebrate cells according to claim 42 which are mammalian or avian cells. 46. Vertebrate cells according to claim 45 which are COS-1 cells or CHO cells. `349 Cell Claims 1. Vertebrate cells which can be propagated in vitro and which are capable upon growth in culture of producing erythropoietin in the medium of their growth in excess of 100 U of erythropoietin per 106 cells in 48 hours as determined by radioimmunoassay, said cells comprising non-human DNA sequences which control transcription of DNA encoding human erythropoietin. 2. Vertebrate cells according to claim 1 capable of producing in excess of 500 U erythropoietin per 106 cells in 48 hours. 3. Vertebrate cells according to claim 1 capable of producing in excess of 1000 U erythropoietin per 106 cells in 48 hours. 4. Vertebrate cells which can be propagated in vitro which comprise transcription control DNA sequences, other than human erythropoietin transcription control sequences, for production of human erythropoietin, and which upon growth in culture are capable of producing in the medium of their growth in excess of 100 U of erythropoietin per 106 cells in 48 hours as determined by radioimmunoassay. 5. Vertebrate cells according to claim 4 capable of producing in excess of 500 U erythropoietin per 106 cells in 48 hours. 6. Vertebrate cells according to claim 4 capable of producing in excess of 1000 U erythropoietin per 106 cells in 48 hours 7. A process for producing erythropoietin comprising the step of culturing, under suitable nutrient conditions, vertebrate cells according to claim 1, 2, 3, 4, 5 or 6.