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

Filing 572

DECLARATION re #568 Opposition to Motion for Summary Judgment of no Obviousness-Type Double Patenting (by Kimberly J. Seluga) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Huston, Julia)

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

Doc. 572

Case 1:05-cv-12237-WGY

Document 572

Filed 06/29/2007

Page 1 of 4

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

SECOND DECLARATION OF KIMBERLY J. SELUGA IN SUPPORT OF ROCHE'S OPPOSITION TO AMGEN INC.'S MOTION FOR SUMMARY JUDGMENT OF NO OBVIOUSNESS-TYPE DOUBLE PATENTING 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 Roche's Opposition to Amgen Inc.'s Motion

For Summary Judgment of No Obviousness-Type Double Patenting and Roche's Response to Amgen Inc.'s Rule 56.1 Statement of Undisputed Material Facts Regarding No ObviousnessType Double Patenting. 3. Attached hereto as Exhibit U is a true and correct copy of U.S. Serial No. 675,298

(" `298 Application"), Paper 8, 7/3/86 Office Action. 4. Attached hereto as Exhibit V is a true and correct copy of the `298 Application,

Paper 6, 4/23/86 Preliminary Amendment.

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 572

Filed 06/29/2007

Page 2 of 4

5.

Attached hereto as Exhibit W is a true and correct excerpt from U.S. Application

No. 07/113,178 (" `178 Application"), including the application cover page with date and claims. 6. Attached hereto as Exhibit X is a true and correct excerpt from U.S. Application

No. 07/113,179 (" `179 Application"), including the application cover page with date and claims. 7. Attached hereto as Exhibit Y is a true and correct copy of U.S. Application No.

08/468,369 (" `369 Application"), Paper 8, 12/20/86 Second Preliminary Amendment. 8. Attached hereto as Exhibit Z is a true and correct copy of the `178 Application,

Paper 15, 7/11/89 Amendment. 9. Attached hereto as Exhibit AA is a true and correct copy of the `178 Application,

Paper 11, 6/2/89 Amendment. 10. Attached hereto as Exhibit BB is a true and correct copy of the `178 Application,

Paper 19, 1/10/90 Amendment. 11. Attached hereto as Exhibit CC is a true and correct copy of U.S. Serial No.

07/609,741 (" `741 Application"), 4/6/92 Office Action. 12. Attached hereto as Exhibit DD is a true and correct copy of U.S. Serial No.

08/100,197 (" `197 Application"), Paper 33, 4/28/99 Amendment. 13. Attached hereto as Exhibit EE is a true and correct copy of the `197 Application,

Paper 35, 4/26/99 Terminal Disclaimer. 14. Attached hereto as Exhibit FF are true and correct copies of the protests filed by

Por Hsiung-Lai with respect to the `178 and `179 Applications, filed on 7/23/93. 15. Attached hereto as Exhibit GG is a true and correct copy of the `298 Application,

Paper 15, 3/11/87 Amendment

2

Case 1:05-cv-12237-WGY

Document 572

Filed 06/29/2007

Page 3 of 4

Executed this 28th day of June 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 paper copies will be sent to those indicated as non-registered participants on the June 29, 2007. /s/ Julia Huston_____ Julia Huston

3

Case 1:05-cv-12237-WGY

Document 572

Filed 06/29/2007

Page 4 of 4

List of Exhibits Exhibit U Exhibit V Exhibit W Exhibit X Exhibit Y Exhibit Z Exhibit AA Exhibit BB Exhibit CC Exhibit DD Exhibit EE Exhibit FF Exhibit GG `298 Application, Paper 8, 7/3/86 Office Action `298 Application, Paper 6, 4/23/86 Preliminary Amendment `178 Application cover page with date and claims `179 Application cover page with date and claims `369 Application, Paper 8, 12/20/86 Second Preliminary Amendment `178 Application, Paper 15, 7/11/89 Amendment `178 Application, Paper 11, 6/2/89 Amendment `178 Application, Paper 19, 1/10/90 Amendment `741 Application"), 4/6/92 Office Action `197 Application, Paper 33, 4/28/99 Amendment `197 Application, Paper 35, 4/26/99 Terminal Disclaimer Protests filed by Por Hsiung-Lai with respect to the `178 and `179 Applications, filed on 7/23/93 `298 Application, Paper 15, 3/11/87 Amendment

03099/00501 695861.1

4