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

Filing 637

DECLARATION re #630 Opposition to Motion, For Summary Judgment That Dr. Lin's Asserted Claims Are Definite, Adequately Described And Enabled, By Keith E. Toms by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: #1 Exhibit A# 2 Exhibit B#3 Exhibit C, part 1#4 Exhibit C, part 2#5 Exhibit C, part 3#6 Exhibit C, part 4#7 Exhibit C, part 5#8 Exhibit C, part 6#9 Exhibit C, part 7#10 Exhibit C, part 8#11 Exhibit D, part 1#12 Exhibit D, part 2#13 Exhibit D, part 3#14 Exhibit D, part 4#15 Exhibit D, part 5#16 Exhibit D, part 6#17 Exhibit D, part 7#18 Exhibit D, part 8#19 Exhibit D, part 9#20 Exhibit D, part 10#21 Exhibit D, part 11#22 Exhibit E#23 Exhibit F, part 1#24 Exhibit F, part 2#25 Exhibit G# 26 Exhibit H#27 Exhibit I#28 Exhibit J)(Rizzo, Nicole) Additional attachment(s) added on 7/16/2007 (Paine, Matthew).

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

Doc. 637

Case 1:05-cv-12237-WGY

Document 637

Filed 07/05/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

AMGEN, INC., Plaintiff, v. F. HOFFMANN-LA ROCHE, LTD, ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC. Defendants. DECLARATION OF KEITH E. TOMS IN SUPPORT OF ROCHE'S OPPOSITION TO AMGEN'S MOTION FOR SUMMARY JUDGMENT THAT DR. LIN'S ASSERTED CLAIMS ARE DEFINITE, ADEQUATELY DESCRIBED AND ENABLED I, Keith E. Toms, hereby declare under penalty of perjury that: 1. I am an attorney admitted to the Bar of the State of Massachusetts. I am an Civil Action No. 05-12237 WGY

attorney at the law firm of Bromberg & Sunstein LLP and am counsel for Defendants in the above-referenced case. 2. I make this declaration in support of in support of Roche's Opposition To

Amgen's Motion For Summary Judgment That Dr. Lin's Asserted Claims Are Definite, Adequately Described And Enabled. 3. Exhibit A is a true and correct copy of Goto, et al., Production of

Recombinant Human Erythropoietin in Mammalian Cells: Host-Cell Dependency of the Biological Activity of the Cloned Glycoprotein, Biotechnology, Vol. 6, 67 (1988). 4. Exhibit B is a true and correct copy of excerpts from the May 17, 2007

Deposition Transcript of Ronald W. McLawhon at 266:8-267:24.

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Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 637

Filed 07/05/2007

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5.

Exhibit C is a true and correct copy of the Lodish et. al. Molecular Cell

Biology, 6th ed. Chapter 2. 6. Exhibit D is a true and correct copy of the November 30, 1984, Application

No. 06/675,298. 7. 06/675,298-8. 8. Exhibit F is a true and correct copy of the July 10, 1987, Amendment and Exhibit E is a true and correct copy of the June 16, 1986, Office Action,

Reply, 06/675,298-20. 9. 07/113,178-4. 10. Exhibit H is a true and correct copy of March 28, 2007 Deposition Transcript Exhibit G is a true and correct copy of the June 2, 1988, Office Action,

of Fu-Kuen Lin at 304:12-305:5. 11. Exhibit I is a true and correct copy of an excerpt of Webster's Dictionary,

Third Edition at 20-21. 12. Exhibit J is a true and correct copy of a laboratory notebook of Fu-Kuen Lin,

dated November 28, 1988. Signed under the penalties of perjury pursuant to 28 U.S.C. Sec. 1746 this 5th day of July, 2007. /s/ Keith E. Toms Keith E. Toms

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Case 1:05-cv-12237-WGY

Document 637

Filed 07/05/2007

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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/ Nicole A. Rizzo Nicole A. Rizzo
03099/00501 698692.1

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