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

Filing 775

NOTICE by Amgen Inc. of Filing with Clerk's Office of Amended Exhibits Previously Submitted in Support of Amgen's Motion for Summary Judgment on Roche's Antitrust and State Law Counterclaims (Rich, Patricia)

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

Doc. 775

Case 1:05-cv-12237-WGY

Document 775

Filed 07/26/2007

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN, INC., Plaintiff, v. Civil Action No. 05-CV-12237 WGY F. HOFFMANN-LA ROCHE, LTD., ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE, INC. Defendants. AMGEN'S NOTICE OF FILING WITH CLERK'S OFFICE OF AMENDED EXHIBITS PREVIOUSLY SUBMITTED IN SUPPORT OF AMGEN'S MOTION FOR SUMMARY JUDGMENT ON ROCHE'S ANTITRUST AND STATE LAW COUNTERCLAIMS Pursuant to CMF/ECF Administrative Procedures Rule M(6), notice is hereby given that the exhibits listed below to the Declarations of James M. Fraser (DN 521 and DN 669) in Support of Amgen's Motion for Summary Judgment on Roche's Antitrust and State Law Counterclaims have been manually filed with the Court and are available in paper form only.1 The original documents are maintained in the case file in the Clerk's Office. Exhibit 1 Exhibit 2 A true and correct copy of the March 30, 2007 Memorandum and Order in the above-captioned case. A true and correct copy of excerpts from Defendant's Responses and Objections to Plaintiff Amgen Inc.'s Fourth Set of Interrogatories (Nos. 27-38) in the abovecaptioned case. A true and correct copy of Defendants' Surreply to Amgen's Reply Brief in Support of its Motion to Dismiss Roche's Counterclaim Counts I-IX and XII in the above-captioned case.

Exhibit 3

The original exhibits to the Declarations of James M. Fraser were previously filed and/or submitted to the Court for in camera review on June 15, 2007 and July 9, 2007 respectively, and in some instances have been amended to omit portions unnecessary for the Court's determination of the present motion.
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Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15

A true and correct copy of the Declaration of Mats Wahlstrom, President of Fresenius Medical Care's services division in North America (May 31, 2007). A true and correct copy of excerpts from the Expert Report of David J. Teece, Ph.D. (Amgen's economics expert) in the above-captioned case. A true and correct copy of Exhibit 2 from the Expert Report of David J. Teece, Ph.D. (Amgen's economics expert) in the above-captioned case. A true and correct copy of Exhibit 3 from the Expert Report of David J. Teece, Ph.D. (Amgen's economics expert) in the above-captioned case. Is intentionally left blank. A true and correct copy of Exhibit 5 from the Expert Report of David J. Teece, Ph.D. (Amgen's economics expert) in the above-captioned case. A true and correct copy of Exhibit 9 from the Expert Report of David J. Teece, Ph.D. (Amgen's economics expert) in the above-captioned case. A true and correct copy of Exhibit 14 from the Expert Report of David J. Teece, Ph.D. (Amgen's economics expert) in the above-captioned case. A true and correct copy of excerpts from the Expert Report of Professor Einer Elhauge (Roche's economics expert) in the above-captioned case. A true and correct copy of excerpts from the Report of Lauren J. Stiroh (Roche's damages expert) in the above-captioned case. A true and correct copy of excerpts from the deposition of George Abercrombie (Roche's President and CEO in the United States) in the above-captioned case. A true and correct copy of excerpts from the deposition of Sonders Beimfohr (Roche's Director of Strategic Pricing, Renal Segment) in the above-captioned case. A true and correct copy of excerpts from the deposition of Suzann Duncan (Roche's Product Director, Commercial Operations) in the above-captioned case. A true and correct copy of excerpts from the deposition of Einer Elhauge (Roche's economics expert) in the above-captioned case. A true and correct copy of excerpts from the deposition of Chrys Kokino (Roche's Vice President of Anemia Products) in the above-captioned case. A true and correct copy of excerpts from the deposition of Fred Manak (Amgen's Executive Director of Trade, Pricing, and Contract Management) in the abovecaptioned case.

Exhibit 16 Exhibit 17 Exhibit 18 Exhibit 19

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Exhibit 20

A true and correct copy of excerpts from deposition of Robert J. McGorty (Fresenius Medical Service's Vice President of Finance and Administration) in the above-captioned case. A true and correct copy of excerpts from the deposition of Anthony Messana (Executive Director, Renal Services for St. Joseph Hospital and Board Member of Renal Purchasing Group) in the above-captioned case. A true and correct copy of excerpts from the deposition of Maureen Michael (Executive Director, Central Florida Kidney Centers) in the above-captioned case. A true and correct copy of excerpts from the deposition of Leslie Mirani (Amgen's Vice President, Nephrology Sales) in the above-captioned case. A true and correct copy of excerpts from the deposition of Tracey Mooney (CFO, Independent Dialysis Foundation) in the above-captioned case. A true and correct copy of excerpts from the deposition of Barbara Senich (Roche's Vice President of Sales and Marketing Services) in the above-captioned case. A true and correct copy of excerpts from the deposition of Lauren J. Stiroh (Roche's damages expert) in the above-captioned case. A true and correct copy of an excerpt of Exhibit 2 from the deposition of Sonders Beimfohr (Roche's Director of Strategic Pricing, Renal Segment) in the abovecaptioned case. A true and correct copy of an excerpt of Exhibit 4 from the deposition of Einer Elhauge (Roche's economics expert) in the above-captioned case. A true and correct copy of Exhibit 9 from the deposition of Einer Elhauge (Roche's economics expert) in the above-captioned case. A true and correct copy of an excerpt of Exhibit 5 from the deposition of John Keefe (Roche's ESRD Product Director) in the above-captioned case. A true and correct copy of an excerpt of Exhibit 23 from the deposition of Helen Torley, M.D. (Amgen's Vice President and General Manager, Nephrology Division) in the above-captioned case. A true and correct copy of an excerpt of a document Bates stamped R000261907 to R000261941 produced in the above-captioned case. A true and correct copy of an excerpt of a document Bates stamped R003852422 to R003852455 produced in the above-captioned case. A true and correct copy of an excerpt of a document Bates stamped R000185374 to R000185445 produced in the above-captioned case. 3

Exhibit 21

Exhibit 22 Exhibit 23 Exhibit 24 Exhibit 25

Exhibit 26 Exhibit 27

Exhibit 28 Exhibit 29 Exhibit 30 Exhibit 31

Exhibit 32 Exhibit 33 Exhibit 34

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Exhibit 35 Exhibit 36 Exhibit 37 Exhibit 38 Exhibit 39 Exhibit 40 Exhibit 41

A true and correct copy of an excerpt of a document Bates stamped R005233499 to R005233551 produced in the above-captioned case. A true and correct copy of an excerpt of a document Bates stamped R003787786 to R003787900 produced in the above-captioned case. A true and correct copy of an excerpt of a document Bates stamped R10004974841 to R10-004975230 produced in the above-captioned case. A true and correct copy of an excerpt of a document Bates stamped AM47 092831 to AM47 092892 produced in the above-captioned case. A true and correct copy of a document Bates stamped FMCNA 002472 produced in the above-captioned case. A true and correct copy of an E-mail from Alan Rosenberg, Smith Barney, to Maureen Michael (Mar. 21, 2007) produced in the above-captioned case.. A true and correct copy of a Consulting Agreement between Maureen Michael and Roche Laboratories Inc. dated December 6, 2006 produced in the abovecaptioned case. A true and correct copy of E-mail from Mike Cooper to Anthony Messana and Maureen Michael (Dec. 13, 2006) produced in the above-captioned case. A true and correct copy of an excerpt of a Transcript of Fresenius Medical Care's Q4 2006 Earnings Conference Call (Feb. 22, 2007). A true and correct copy of a Roche press release entitled "Roche Receives Approvable Letter for Mircera in the United States" (May 18, 2007). A true and correct copy of excerpts from the Expert Report of B. Douglas Bernheim, Ph.D. (Amgen's economics expert) in the above-captioned case. A true and correct copy of excerpts from the Rebuttal Report of B. Douglas Bernheim, Ph.D. (Amgen's economics expert) in the above-captioned case. A true and correct copy of excerpts from the Expert Report of Professor Einer Elhauge (Roche's economics expert) in the above-captioned case. A true and correct copy of an Demonstrative Number 11 from the Expert Report of Professor Einer Elhauge (Roche's economics expert) in the above-captioned case. A true and correct copy of excerpts from the Rebuttal Report of Professor Einer Elhauge (Roche's economics expert) in the above-captioned case. A true and correct copy excerpts from the Expert Report of David J. Teece, Ph.D. (Amgen's economics expert) in the above-captioned case. 4

Exhibit 42 Exhibit 43 Exhibit 44 Exhibit 45 Exhibit 46 Exhibit 47 Exhibit 48

Exhibit 49 Exhibit 50

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Exhibit 51 Exhibit 52

A true and correct copy of excerpts from the deposition of George Abercrombie (Roche's President and CEO in the United States) in the above-captioned case. A true and correct copy of excerpts from the deposition of Sonders Beimfohr (Roche's Director of Strategic Pricing, Renal Segment) in the above-captioned case. A true and correct copy of excerpts from the deposition of Einer Elhauge (Roche's economics expert) in the above-captioned case. A true and correct copy of excerpts from the deposition of John Keefe (Roche's ESRD Product Director) in the above-captioned case. A true and correct copy of excerpts from the deposition of Chrys Kokino (Roche's Vice President of Anemia Products) in the above-captioned case. A true and correct copy of excerpts from the deposition of Lauren J. Stiroh (Roche's damages expert) in the above-captioned case.

Exhibit 53 Exhibit 54 Exhibit 55 Exhibit 56

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Dated: July 26, 2007

Respectfully Submitted, AMGEN INC., By its attorneys,

Of Counsel: Stuart L. Watt Wendy A. Whiteford Monique L. Cordray Darrell G. Dotson Kimberlin L. Morley Erica S. Olson AMGEN INC. One Amgen Center Drive Thousand Oaks, CA 91320-1789 [phone]

/s/ Patricia R. Rich D. Dennis Allegretti (BBO#545511) Michael R. Gottfried (BBO# 542156) Patricia R. Rich (BBO# 640578) DUANE MORRIS LLP 470 Atlantic Avenue, Suite 500 Boston, MA 02210 Telephone: [phone] Facsimile: [phone] Lloyd R. Day, Jr. (pro hac vice) DAY CASEBEER, MADRID & BATCHELDER LLP 20300 Stevens Creek Boulevard, Suite 400 Cupertino, CA 95014 Telephone: [phone] Facsimile: [phone] William G. Gaede, III (pro hac vice) McDERMOTT WILL & EMERY 3150 Porter Drive Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] Kevin M. Flowers (pro hac vice) MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago, IL 60606 Telephone: [phone] Facsimile: [phone]

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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 and paper copies will be sent to those indicated as non-registered participants. /s/ Patricia R. Rich Patricia R. Rich

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