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

Filing 66

DECLARATION re #60 Reply to Response to Motion (Submitted by Leave of Court Order Dated 4/19/06) by Roche Diagnostics GmbH. (Huston, Julia)

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Amgen Inc. v. F. Hoffmann-LaRoche LTD et al Doc. 66 Case 1:05-cv-12237-WGY Document 66 Filed 05/02/2006 Page 1 of 2 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 REPLY DECLARATION OF HUBERT CASTERMANS IN FURTHER SUPPORT OF DEFENDANT ROCHE DIAGNOSTICS GMBH'S MOTION TO DISMISS I, Hubert Castermans, hereby declare under penalty of perjury that: 1. Germany. 2. I make this reply declaration in further support of Defendant Roche Diagnostics I am Head of Controlling, Pharma, of Roche Diagnostics GmbH, in Mannheim, GmbH's Motion To Dismiss, dated April 11, 2006. 3. In 1985, Roche Diagnostics GmbH's predecessor company, Boehringer Mannheim GmbH, entered into a License Agreement with Genetics Institute regarding the research and development of EPO. 4. On information and belief, in 1996, Genetics Institute became a wholly owned subsidiary of American Home Products, which changed its corporate name to Wyeth in 2002. 1 ws3891.tmp Dockets.Justia.com Case 1:05-cv-12237-WGY Document 66 Filed 05/02/2006 Page 2 of 2 5. Since 2003, Roche Diagnostics GmbH has been paying royalties on the License Agreement to Wyeth in Paoli, Pennsylvania. Prior to that time, royalties were paid to Genetics Institute in Massachusetts. Mannheim, Germany Dated: May 2, 2006 /s/ Hubert Castermans Hubert Castermans 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 03099/00501 492295.1 2 ws3891.tmp

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