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

Filing 777

NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. re #586 Memorandum in Opposition to Motion - Filing with Clerk's Office of Exhibits Previously Submitted in Support of Roche's Opposition to Amgen's Motion for Summary Judgment on the Antitrust and State Law Counterclaims (Brooks, Kregg)

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

Doc. 777

Case 1:05-cv-12237-WGY

Document 777

Filed 07/27/2007

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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. DEFENDANTS' NOTICE OF FILING WITH CLERK'S OFFICE OF EXHIBITS PREVIOUSLY SUBMITTED IN SUPPORT OF ROCHE'S OPPOSITION TO AMGEN'S MOTION FOR SUMMARY JUDGMENT ON THE 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 Declaration of David L. Cousineau (DN 559) and the Supplemental Declaration of David L. Cousineau (DN 745) in Support of Roche's Opposition to 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 Exhibit 3 Exhibit 4
1

Excerpts from Exhibit 11 to the March 27, 2007 deposition of Kevin Sharer. Excerpts from document bates stamped AM44 0218744 - AM44 0219776 as produced in the course of this litigation by Amgen. Excerpts from the March 9, 2007 transcript of the deposition of Maureen Michael. Excerpts from the March 20, 2007 transcript of the deposition of Helen Torley.

The original exhibits to the Declaration and Supplemental Declaration of David L. Cousineau were previously filed and/or submitted to the Court for in camera review on June 29, 2007 and July 16, 2007 respectively, and in some instances have been amended to omit portions unnecessary for the Court's determination of the present motion.

Dockets.Justia.com

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Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Exhibit 18 Exhibit 19 Exhibit 20 Exhibit 21 Exhibit 22

Excerpts from document bates stamped AM44 0215886 - AM44 0215888 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped ITC-R-BLA-00000194 - ITC-R-BLA00000691 as produced in the course of this litigation by Roche. Excerpts from the May 11, 2007 Expert Report of Steven Fishbane. Excerpts from the March 22, 2007 transcript of the deposition of George Abercrombie. Intentionally left blank. Excerpts from the March 13, 2007 transcript of the deposition of Suzann Duncan. Excerpts from the March 20, 2007 transcript of the deposition of Sonders Beimfohr. Declaration of Sonders Beimfohr. Excerpts from document bates stamped AM44 0087234 - AM44 0087267 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0245613 - AM44 0245622 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0208076 - AM44 0208088 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1437916 - AM44 1437931 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0715533 - AM44 0715534 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1440662 - AM44 1440694 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0216383 - AM44 0216441 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1421485 - AM44 1421500 as produced in the course of this litigation by Amgen. Excerpts from the May 11, 2007 Expert Rebuttal Report of B. Douglas Bernheim. Excerpts from document bates stamped AM44 0007603 - AM44 0007623 as 2

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produced in the course of this litigation by Amgen. Exhibit 23 Exhibit 24 Exhibit 25 Exhibit 26 Exhibit 27 Exhibit 28 Exhibit 29 Exhibit 30 Exhibit 31 Excerpts from document bates stamped AM44 0200967 - AM44 0200989 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1951328 - AM44 1951333 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1951353 - AM44 1951359 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0007126 - AM44 0007166 as produced in the course of this litigation by Amgen. Excerpts from the April 6, 2007 Expert Report of B. Douglas Bernheim. Excerpts from document bates stamped AM44 0185363 - AM44 0185363 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0185364 - AM44 0185365 as produced in the course of this litigation by Amgen. Excerpts from the May 11, 2007 Expert Rebuttal Report of Einer Elhauge. Excerpts from Microsoft Excel Spreadsheet bates stamped R11-000517435, Institutional Provider Worksheet as produced in the course of this litigation by Roche. Intentionally left blank. Excerpts from document bates stamped AM44 0007312 - AM44 0007371 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped R11-000638018 - R11-000638237 as produced in the course of this litigation by Roche. Excerpts from document bates stamped AM44 0242607 - AM44 0242647 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0236640 - AM44 0236699 as produced in the course of this litigation by Amgen. Document bates stamped AM44 0007167 - AM44 007191 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped R10-000719872 - R10-000719953 as produced in the course of this litigation by Roche.

Exhibit 32 Exhibit 33 Exhibit 34 Exhibit 35 Exhibit 36 Exhibit 37 Exhibit 38

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Exhibit 39 Exhibit 40 Exhibit 41 Exhibit 42 Exhibit 43 Exhibit 44

Excerpts from the March 16, 2007 transcript of the deposition of Susan Graf. Intentionally left blank. Excerpts from a Microsoft Excel Spreadsheet entitled ASP Model_v133 (native file) EpoLEDR Worksheet as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1951186 - AM44 1951187 as produced in the course of this litigation by Amgen. Excerpts from a Microsoft Excel Spreadsheet bates stamped R005181636, 5-SDI analysis as produced in the course of this litigation by Roche. Excerpts from a document entitled "GAO-07-77 End Stage Renal Disease Bundling Medicare's Payment for Drugs with Payment for All ESRD Services would Promote Efficiency and Clinical Flexibility." Declaration of Steve Platt. Declaration of Susan Graf. Excerpts from the March 30, 2007 transcript of the deposition of Richard Hinson. Excerpts from Defendant's First Supplemental Responses and Objections to Plaintiff Amgen Inc.'s Second Set of Interrogatories (Nos. 16-25) as served in the course of this litigation by Roche. Excerpts from the May 25, 2007 transcript of the deposition of Einer Elhauge. Excerpts from document bates stamped AM44 0011388 - AM44 0011416 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0094966 - AM44 0095013 as produced in the course of this litigation by Amgen. Excerpts from the March 22, 2007 transcript of the deposition of Alex Lyons. Excerpts from document bates stamped AM44 0006952 - AM44 0006987 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0664015 - AM44 0664020 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0061052 - AM44 0061053 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0007864 - AM44 0007933 as produced in the course of this litigation by Amgen. 4

Exhibit 45 Exhibit 46 Exhibit 47 Exhibit 48

Exhibit 49 Exhibit 50 Exhibit 51 Exhibit 52 Exhibit 53 Exhibit 54 Exhibit 55 Exhibit 56

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Exhibit 57 Exhibit 58 Exhibit 59 Exhibit 60 Exhibit 61 Exhibit 62 Exhibit 63 Exhibit 64 Exhibit 65 Exhibit 66 Exhibit 67 Exhibit 68 Exhibit 69 Exhibit 70 Exhibit 71 Exhibit 72 Exhibit 73 Exhibit 74 Exhibit 75

Excerpts from document bates stamped AM44 0392145 - AM44 0392211 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1516870 - AM44 1516870 as produced in the course of this litigation by Amgen. Document bates stamped AM44 1934908 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1951163 - AM44 1951164 as produced in the course of this litigation by Amgen. Excerpts from the March 27, 2007 transcript of the deposition of Kevin Sharer. Excerpts from the March 26, 2007 transcript of the deposition of George Morrow. Excerpts from document bates stamped AM44 1027895 - AM44 1027896 as produced in the course of this litigation by Amgen. Excerpts from the Expert Report of David J. Teece. Excerpts from document bates stamped AM44 1513443 - AM44 1513461 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1513464 - AM44 1513470 as produced in the course of this litigation by Amgen. Excerpts from the April 2, 2007 transcript of the deposition of Leslie Mirani. Excerpts from document bates stamped AM44 0231755 - AM44 0231777 as produced in the course of this litigation by Amgen. Excerpts from the March 30, 2007 transcript of the deposition of Robert McGorty. Excerpts from document bates stamped FMCNA 002516 - FMCNA 002539 as produced in response to a subpoena in the course of this litigation by Fresenius. Document bates stamped AM44 1934907 as produced in the course of this litigation by Amgen. Excerpts from the March 27, 2007 transcript of the deposition of Tracey Mooney. Excerpts from the April 2, 2007 transcript of the deposition of Dennis Kogod. Excerpts from the March 30, 2007 transcript of the deposition of Robert Brenner. Excerpts from document bates stamped AM44 0188476 - AM44 0188516 as 5

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produced in the course of this litigation by Amgen. Exhibit 76 Exhibit 77 Exhibit 78 Exhibit 79 Exhibit 80 Exhibit 81 Exhibit 82 Exhibit 83 Exhibit 84 Exhibit 85 Excerpts from document bates stamped FMCNA 000001 - FMCNA 000047 as produced in response to a subpoena in the course of this litigation by Fresenius. Excerpts from document bates stamped FMCNA 002485 - FMCNA 002491 as produced in response to a subpoena in the course of this litigation by Fresenius. Excerpts from document bates stamped R10-000112381 - R10-000112384 as produced in the course of this litigation by Roche. Intentionally left blank. Document bates stamped R10-004721744 - R10-004721763 as produced in the course of this litigation by Roche. Excerpts from document bates stamped R10-003516218 - R10-003516244 as produced in the course of this litigation by Roche. Excerpts from document bates stamped R10-000814800 - R10-000814844 as produced in the course of this litigation by Roche. Excerpts from the March 14, 2007 transcript of the deposition of John Keefe. Excerpts from the March 15, 2007 transcript of the deposition of Chrys Kokino. Withheld from filing due to a potential motion to seal by third parties Fresenius Medical Care North America and/or DaVita, Inc. Roche reserves the right to supplement the public filing with this document. Document bates stamped FMCNA 002859 as produced in response to a subpoena in the course of this litigation by Fresenius. Excerpts from document bates stamped AM44 0533506 - AM44 0533538 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1910640 - AM44 1910686 as produced in the course of this litigation by Amgen. Excerpts from the June 7, 2007 transcript of the deposition of David Teece. Excerpts from documents bases stamped AM44 00000986 - AM44 00000987 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0000986 - AM44 0000987 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0309732 - AM44 0309733 as 6

Exhibit 86 Exhibit 87 Exhibit 88 Exhibit 89 Exhibit 90 Exhibit 91 Exhibit 92

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produced in the course of this litigation by Amgen. Exhibit 93 Exhibit 94 Exhibit 95 Exhibit 96 Exhibit 97 Exhibit 98 Exhibit 99 Exhibit 100 Exhibit 101 Exhibit 102 Exhibit 103 Exhibit 104 Exhibit 105 Exhibit 106 Exhibit 107 Exhibit 108 Document bates stamped AM44 0104161 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0045149 - AM44 0045208 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0265693 - AM44 0265752 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0007721 - AM44 0007755 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0727620 - AM44 0727639 as produced in the course of this litigation by Amgen. Intentionally Left Blank. Excerpts from the March 28, 2007 transcript of the deposition of Fred Manak. Excerpts from document bates stamped AM44 0095167 - AM44 0095175 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0019536 - AM44 0019596 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0095176 - AM44 0095180 as produced in the course of this litigation by Amgen. Document bates stamped AM44 0123862 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0393892 - AM44 0393909 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1583727 - AM44 1583733 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1532833 - AM44 1532857 as produced in the course of this litigation by Amgen. Document bates stamped AM44 1970278 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0125608 - AM44 0125647 as produced in the course of this litigation by Amgen.

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Exhibit 109 Exhibit 110 Exhibit 111 Exhibit 112 Exhibit 113 Exhibit 114 Exhibit 115 Exhibit 116 Exhibit 117 Exhibit 118 Exhibit 119 Exhibit 120 Exhibit 121 Exhibit 122 Exhibit 123 Exhibit 124

Excerpts from document bates stamped AM44 2023589 - AM44 2023633 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0434172 - AM44 0434181 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0192555 - AM44 0192573 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1528356 - AM44 1528369 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1118690 - AM44 1118697 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0318370 - AM44 0318411 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1574952 - AM44 1574993 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1999994 - AM44 2000178 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM47 078497 - AM47 078498 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM47 080690 - AM47 080693 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM47 091845 - AM47 091883 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0218813 - AM44 0218818 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped R10-001238943 - R10-001238992 as produced in the course of this litigation by Roche. Excerpts from document bates stamped R10-001734584 - R10-001734629 as produced in the course of this litigation by Roche. Excerpts from document bates stamped AM44 0211096 - AM44 0211175 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped R11-000637547 - R11-000637760 as produced in the course of this litigation by Roche.

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Exhibit 125 Exhibit 126 Exhibit 127 Exhibit 127 Exhibit 128 Exhibit 129 Exhibit 130 Exhibit 131 Exhibit 132 Exhibit 133 Exhibit 134 Exhibit 135 Exhibit 136 Exhibit 137 Exhibit 138 Exhibit 139 Exhibit 140

Excerpts from document bates stamped R005312290 - R005312412 as produced in the course of this litigation by Roche. Excerpts from the April 6, 2007 Expert Report of Lauren Stiroh. Excerpts from document bates stamped R005178638 - R005180083 as produced in the course of this litigation by Roche. Excerpts from document bates stamped R005178638 - R005180083 as produced in the course of this litigation by Roche. Document bates stamped AM44 1226831 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0192047 - AM44 0192078 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1517130 - AM44 1517136 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0237504 - AM44 0237548 as produced in the course of this litigation by Amgen. Excerpts from the March 27, 2007 transcript of the deposition of James Daly. Excerpts from document bates stamped AM-ITC 00189148 - AM-ITC 00189203 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM-ITC 00101091 - AM-ITC 00101144 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1228092 - AM44 1228110 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1454320 - AM44 1454499 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1430229 - AM44 1430308 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0008143 - AM44 0008147 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped R001477148 - R001477168 as produced in the course of this litigation by Roche. Excerpts from the May 30, 2007 transcript of the deposition of B. Douglas Bernheim. 9

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Exhibit 141 Exhibit 142 Exhibit 143 Exhibit 144 Exhibit 145 Exhibit 146 Exhibit 147 Exhibit 148 Exhibit 149 Exhibit 150 Exhibit 151 Exhibit 152 Exhibit 153 Exhibit 154 Exhibit 155 Exhibit 156

Excerpts from the March 27, 2007 transcript of the deposition of Philip Marinelli. Excerpts from document bates stamped AM44 0230289 - AM44 0230328 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM47 093658 - AM47 039687 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0017982 - AM44 0017983 as produced in the course of this litigation by Amgen. Document bates stamped AM44 0117980 as produced in the course of this itigation by Amgen. Excerpts from document bates stamped AM44 0204184 - AM44 0204222 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0289735 - AM44 0289739 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0439677 - AM44 0439693 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1083239 - AM44 1083259 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1444222 - AM44 1444226 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1947819 - AM44 1947820 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM47 083947 - AM47 083966 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0080103 - AM44 0080104 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM-ITC 00252414 - AM-ITC 00252447 as produced in the course of this litigation by Amgen. Document bates stamped AM44 0214446 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM47 081187 - AM47 081201 as produced in the course of this litigation by Amgen.

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Exhibit 157 Exhibit 158 Exhibit 159 Exhibit 160 Exhibit 161 Exhibit 162 Exhibit 163 Exhibit 164 Exhibit 165 Exhibit 166 Exhibit 167 Exhibit 168 Exhibit 169 Exhibit 170 Exhibit 171 Exhibit 172 Exhibit 173 Exhibit 174

Intentionally left blank. Excerpts from document bates stamped R000232806 - R000232810 as produced in the course of this litigation by Roche. Excerpts from document bates stamped R001517649 - R001517700 as produced in the course of this litigation by Roche. Excerpts from document bates stamped R001958707 - R001958805 as produced in the course of this litigation by Roche. Document bates stamped R003680608 - R003680680 as produced in the course of this litigation by Roche. Intentionally left blank. Excerpts from document bates stamped R003917523 - R003917621 as produced in the course of this litigation by Roche. Excerpts from the Amgen 2006 10-K. Excerpts from document bates stamped AM44 0052389 - AM44 0052391 as produced in the course of this litigation by Amgen. Intentionally left blank. Intentionally left blank. Excerpts from document bates stamped AM44 0007093 - AM44 0007125 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0231710 - AM44 0231732 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1155642 - AM44 1155645 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0232880 - AM44 0232922 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0235091 - AM44 0235097 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0057336 - AM44 0057339 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0063320 - AM44 0063341 as produced in the course of this litigation by Amgen. 11

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Exhibit 175 Exhibit 176 Exhibit 177 Exhibit 178 Exhibit 179 Exhibit 180 Exhibit 181 Exhibit 182 Exhibit 183 Exhibit 184 Exhibit 185 Exhibit 186 Exhibit 187 Exhibit 188 Exhibit 189 Exhibit 190

Excerpts from document bates stamped AM44 0318004 - AM44 0318016 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM47 062214 - AM47 062239 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1609537 - AM44 1609538 as produced in the course of this litigation by Amgen. Excerpts from the March 22, 2007 transcript of the deposition of Anthony Messana. Excerpts from document bates stamped AM44 1947821 as produced in the course of this litigation by Amgen. Document bates stamped AM44 0233655 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1905578 - AM44 1905647 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0133383 - AM44 0133416 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM47 061346 - AM47 061347 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1335693 - AM44 1335706 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped R11-000637988 - R11-000638017 as produced in the course of this litigation by Roche. Excerpts from document bates stamped AM44 0000036 - AM44 0000037 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0191198 - AM44 0191276 as produced in the course of this litigation by Amgen. Document bates stamped AM44 1223278 - AM44 1223286 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1925394 - AM44 1925413 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0000819 - AM44 0000850 as produced in the course of this litigation by Amgen. 12

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Exhibit 191 Exhibit 192 Exhibit 193 Exhibit 194 Exhibit 195 Exhibit 196 Exhibit 197 Exhibit 198 Exhibit 199 Exhibit 200 Exhibit 201 Exhibit 202 Exhibit 203 Exhibit 204 Exhibit 205 Exhibit 206

Excerpts from document bates stamped AM44 0245240 - AM44 0245267 as produced in the course of this litigation by Amgen. Excerpts from the March 23, 2007 transcript of the deposition of Robert Azelby. Excerpts from document bates stamped AM44 0009433 AM44 0009452 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0937196 - AM44 0937197 as produced in the course of this litigation by Amgen. Document bates stamped AM44 0163983 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0091390 - AM44 0091506 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0007385 - AM44 0007470 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0387704 - AM44 0387716 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0366107 - AM44 0366114 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1919049 - AM44 1919068 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0425505 - AM44 0425515 as produced in the course of this litigation by Amgen. Document bates stamped AM44 0230640 as produced in the course of this litigation by Amgen. Document bates stamped AM44 0230638 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped R000250710 - R000250737 as produced in the course of this litigation by Roche. Excerpts from document bates stamped AM44 0230636 - AM44 0230637 as produced in the course of this litigation by Amgen. Excerpts from Plaintiff's Supplemental Response to Defendant's First Set of Interrogatories (No. 13) as served in the course of this litigation by Amgen.

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Exhibit 207 Exhibit 208 Exhibit 209 Exhibit 210 Exhibit 211 Exhibit 212 Exhibit 213 Exhibit 214 Exhibit 215 Exhibit 216 Exhibit 217 Exhibit 218 Exhibit 219 Exhibit 220 Exhibit 221 Exhibit 222 Exhibit 223 Exhibit 224

Document bates stamped AM44 0163985 as produced in the course of this litigation by Amgen. Document bates stamped DVA-ROCHE0000341 as produced in response to a subpoena in the course of this litigation by DaVita. Withheld from filing due to a potential motion to seal by third party DaVita, Inc. Roche reserves the right to supplement the public filing with this document. Intentionally left blank. Excerpts from document bates stamped AM44 0192447 - AM44 0192452 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1900596 - AM44 01900613 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0215000 - AM44 0215004 as produced in the course of this litigation by Amgen. Intentionally left blank. Intentionally left blank. Excerpts from document bates stamped AM44 0145693 - AM44 0145754 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0109871 - AM44 0109913 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1003399 - AM44 1003423 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped R008012011 - R008012067 as produced in the course of this litigation by Roche. Excerpts from document bates stamped R10-000720247 - R10-000720248 as produced in the course of this litigation by Roche. Excerpts from document dated April 25, 2006, entitled "Role of Competition in the Pharmaceutical Market and Its Potential Impact in the ESRD Program." Intentionally left blank. Excerpts from document bates stamped ITC-R-BLA-00075601 -ITC-R-BLA00078440 as produced in the course of this litigation by Roche. Excerpts from document bates stamped AM44 0255366 - AM44 0255397 as 14

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produced in the course of this litigation by Amgen. Exhibit 225 Exhibit 226 Exhibit 227 Exhibit 228 Exhibit 229 Exhibit 230 Exhibit 231 Exhibit 232 Exhibit 233 Exhibit 234 Exhibit 235 Excerpts from document bates stamped AM44 0014032 - AM44 0014059 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0724036 - AM44 0724069 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM47 061599 - AM47 061621 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1115423 - AM44 1115469 as produced in the course of this litigation by Amgen. Excerpts from May 11, 2007 Third Expert Statement of Dr. Bruce Spinowitz. Excerpts from document bates stamped AM44 0010091 - AM44 0010113 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0257843 - AM44 0257896 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped R10-002909705 - R10-002909775 as produced in the course of this litigation by Roche. Excerpts from document bates stamped R10-002243142 - R10-002243184 as produced in the course of this litigation by Roche. Excerpts from document bates stamped AM44 0420347 - AM44 0420348 as produced in the course of this litigation by Amgen. Excerpts from the July 13, 2006 Statement of Herb B. Kuhn, Directory, Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services before the Subcommittee on Health of the House Committee on Ways and Means. Excerpts from the Federal Register, Department of Health and Human Services, Centers for Medicare & Medicaid Services, Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule for Calendar Year 2005, 66 Fed. Reg. 66236 (November 15, 2004). Excerpts from document bates stamped AM44 0237736 - AM44 0237760 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0234061 - AM44 0234066 as produced in the course of this litigation by Amgen. Intentionally left blank. 15

Exhibit 236

Exhibit 237 Exhibit 239 Exhibit 238

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Exhibit 240 Exhibit 241 Exhibit 242 Exhibit 243 Exhibit 244 Exhibit 245 Exhibit 246 Exhibit 247 Exhibit 249 Exhibit 250 Exhibit 251 Exhibit 252 Exhibit 253 Exhibit 254 Exhibit 255 Exhibit 256 Exhibit 257

Excerpts from document bates stamped AM44 0170626 - AM44 0170659 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0435746 - AM44 0435754 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0498948 - AM44 0498949 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 1026841 - AM44 1026918 as produced in the course of this litigation by Amgen. Excerpts from the March 29, 2007 transcript of the deposition of Peter Schupbach. Excerpts from the May 31, 2007 transcript of the deposition of Lauren Stiroh. Excerpts from document bates stamped AM44 0086362 - AM44 0086411 as produced in the course of this litigation by Amgen. Excerpts from document bates stamped AM44 0024343 - AM44 0024357 as produced in the course of this litigation by Amgen. Intentionally left blank. Document bates stamped R005196525 as produced in the course of this litigation by Roche. Declaration of Patricia Rocha-Tramaloni, Esq. Excerpts from document bates stamped AM44 0216327 - AM44 0216358 as produced in the course of this litigation by Amgen. Intentionally left blank. Excerpts from document bates stamped AM44 1828892 - AM44 1828915 as produced in the course of this litigation by Amgen. Intentionally left blank. Excerpts from document bates stamped AM44 1516903 - AM44 1516917 as produced in the course of this litigation by Amgen. Withheld from filing due to a potential motion to seal by third party Fresenius Medical Care North America. Roche reserves the right to supplement the public filing with this document.

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Exhibit 258 Exhibit 259

Document bates numbered FMCNA 002474 as produced in the course of this litigation by Fresenius. Withheld from filing due to a potential motion to seal by third party Fresenius Medical Care North America. Roche reserves the right to supplement the public filing with this document. Document bates numbered AM44 2024597 as produced by Amgen on July 12, 2007. Excerpts from a document bates numbered AM44 2024598 - AM44 2024627 as produced by Amgen on July 12, 2007. Fact stipulation between Amgen and Roche. Respectfully submitted, F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC. By their attorneys, /s/ Kregg T. Brooks Lee Carl Bromberg (BBO# 058480) Timothy M. Murphy (BBO# 551926) Julia Huston (BBO# 562160) Keith E. Toms (BBO# 663369) Nicole A. Rizzo (BBO# 663853) Kregg T. Brooks (BBO# 667348) BROMBERG & SUNSTEIN LLP 125 Summer Street Boston, MA 02110 Tel. [phone] [e-mail] Leora Ben-Ami (pro hac vice) Patricia A. Carson (pro hac vice) Thomas F. Fleming (pro hac vice) Howard S. Suh (pro hac vice) Christopher T. Jagoe (pro hac vice) KAYE SCHOLER LLP 425 Park Avenue New York, New York 10022 Tel. [phone]

Exhibit 260 Exhibit 261 Exhibit 262

Dated: July 27, 2007 Boston, Massachusetts

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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/ Kregg T. Brooks Kregg T. Brooks
03099/00501 711199.1

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