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

Filing 738

MOTION for Leave to File Reply in Support of Defendants' Motion Pursuant to Fed. R. Civ. P. 56(f) for Relief from Amgen's Motion for Summary Judgment of No Inequitable Conduct by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: #1 Exhibit Defendants' Reply in Support of Its Motion for 56(f) Relief from Plaintiff's Motion for Summary Judgment of No Inequitable Conduct#2 Affidavit Declaration of Thomas Fleming#3 Exhibit Exhibit 1 to Declaration of Thomas Fleming#4 Exhibit Exhibit 2 to Declaration of Thomas Fleming#5 Exhibit Exhibit 3 to Declaration of Thomas Fleming#6 Exhibit Exhibit 4 to Declaration of Thomas Fleming)(Toms, Keith)

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

Doc. 738 Att. 2

Case 1:05-cv-12237-WGY

Document 738-3

Filed 07/16/2007

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) AMGEN INC., ) Plaintiff, ) ) v. ) ) F. HOFFMANN-LA ROCHE, Ltd, a ) Swiss Company, ROCHE ) DIAGNOSTICS GmbH, a German ) Company and HOFFMANN-LA ROCHE ) INC., a New Jersey Corporation, ) ) Defendant. )

Civil Action No. 05-12237 WGY U.S. District Judge Young

DECLARATION OF THOMAS F. FLEMING, ESQ. IN SUPPORT OF ROCHE'S REPLY IN SUPPORT OF ITS MOTION PURSUANT TO FED. R. CIV. P. 56(f) FOR RELIEF FROM AMGEN INC.'S MOTION FOR SUMMARY JUDGMENT OF NO INEQUITABLE CONDUCT I, Thomas F. Fleming, declare under penalty of perjury as follows: 1. I am a partner at the law firm of Kaye Scholer LLP, attorneys for Defendants F.

Hoffmann-La Roche, Ltd, Roche Diagnostics GmbH and Hoffmann-La Roche Inc. (collectively "Roche"). 2. I make this declaration in support of Roche's Reply in Support of Its Motion

Pursuant to Fed. R. Civ. P. 56(f) for relief from Amgen Inc.'s Motion For Summary Judgment of No Inequitable Conduct. 3. Attached hereto as Exhibit 1 is a true and correct copy of portions of Defendants'

Responses and Objections to Plaintiff Amgen Inc.'s Third Set of Interrogatories to Defendants (No. 26), submitted on March 14, 2007.

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Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 738-3

Filed 07/16/2007

Page 2 of 3

4.

Attached hereto as Exhibit 2 is a true and correct copy of portions of Defendants'

Supplemental Responses and Objections to Plaintiff Amgen Inc.'s Third Set of Interrogatories to Defendants (No. 26), submitted on April 2, 2007.1 5. Attached hereto as Exhibit 3 is a true and correct copy of portions of the May 11,

2007 Expert Report of Stephen G. Kunin. 6. Attached hereto as Exhibit 4 is a true and correct copy of portions of Plaintiff

Amgen Inc.'s Responses to Defendant's Third Set of Interrogatories to Plaintiff (Nos. 19-40), submitted on April 2, 2007.

Dated: July 16, 2007 New York, New York /s/_Thomas F. Fleming______ Thomas F. Fleming

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The entirety of Defendants' Supplemental Responses and Objections to Plaintiff Amgen Inc.'s Third Set of Interrogatories to Defendants (No. 26) was submitted to the Court as Exhibit 226 to the Declaration of Krista M. Rycroft in Support of Roche's Opposition to Amgen Inc.'s Motion for Summary Judgment of No Inequitable Conduct (Docket No. 635).

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Case 1:05-cv-12237-WGY

Document 738-3

Filed 07/16/2007

Page 3 of 3

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 704818.1

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