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

Filing 721

MOTION for Leave to File Sur-Reply in Support of Opposition to Amgen's Motion for Summary Judgment of Infringement of '422 Claim 1, '933 Claim 3, and '698 Claim 6 by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: #1 Exhibit Defendants' Surreply in Support of Opposition to Amgen's Motion for Summary Judgment of Infringement of '422 Claim 1, '933 Claim 3, and '698 Claim 6#2 Affidavit Declaration of Keith E. Toms in Support of Defendants' Surreply#3 Exhibit Exhibit A to Toms Declaration#4 Exhibit Exhibit B to Toms Declaration#5 Exhibit Exhibit C to Toms Declaration)(Toms, Keith)

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

Doc. 721 Att. 2

Case 1:05-cv-12237-WGY

Document 721-3

Filed 07/13/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) CIVIL ACTION No.: 05-CV-12237WGY ) ) ) ) ) )

AMGEN INC., Plaintiff, vs. F. HOFFMANN-LA ROCHE LTD; ROCHE DIAGNOSTICS GmbH; and HOFFMANN-LA ROCHE INC. Defendants.

DECLARATION OF KEITH E. TOMS IN SUPPORT OF DEFENDANTS' SUR-REPLY IN SUPPORT OF ITS OPPOSITION TO AMGEN'S MOTION FOR SUMMARY JUDGMENT OF INFRINGEMENT OF `422 CLAIM 1, `933 CLAIM 3, AND `698 CLAIM 6 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

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 Roche's Surreply in Support of its

Opposition to Amgen's Motion for Summary Judgment of Infringement of `422 Claim 1, `933 Claim 3, and `698 Claim 6. 3. Exhibit A is a true and correct copy of an excerpt from Barrett, Chemistry and

Biochemistry of Amino Acids, Chapter 4, "The Non-Protein Amino Acids." 4. 5. Exhibit B is a true and correct copy of AM-ITC 00941114. Exhibit C is a true and correct copy of an excerpt from the Deposition

Testimony Transcript of Harvey Lodish, Ph.D. dated July 3, 2007. 1
Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 721-3

Filed 07/13/2007

Page 2 of 2

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: July 13, 2007 /s/ Keith E. Toms Keith E. Toms

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/ Keith E. Toms Keith E. Toms
03099/00501 704288.1

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