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

Filing 778

NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. re #698 Opposition to Motion - Filing with Clerk's Office Of Exhibits To Declaration Of Manvin S. Mayell Previously Submitted In Support Of Roches Memorandum In Opposition To Plaintiff Amgen Inc.s Motion To Exclude The Expert Testimony Of Lauren J. Stiroh (Brooks, Kregg)

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

Doc. 778

Case 1:05-cv-12237-WGY

Document 778

Filed 07/27/2007

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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

DEFENDANTS' NOTICE OF FILING WITH CLERK'S OFFICE OF EXHIBITS TO DECLARATION OF MANVIN S. MAYELL PREVIOUSLY SUBMITTED IN SUPPORT OF ROCHE'S MEMORANDUM IN OPPOSITION TO PLAINTIFF AMGEN INC.'S MOTION TO EXCLUDE THE EXPERT TESTIMONY OF LAUREN J. STIROH Pursuant to CMF/ECF Administrative Procedures Rule M(6) notice is hereby given that the exhibits listed below 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 Declaration of Patricia Rocha-Tramaloni, Esq. Excerpts from the Declaration of Susan Graf. Excerpts from the Docket Sheet in Amgen, Inc. v. Hoechst Marion Roussel, Inc., 97-10814-WGY, United States District Court, District of Massachusetts. Excerpts from a document titled, February 8, 2006 CRB, with bates numbers AM44 0007126 - AM44 0007166, produced in the course of this litigation by Amgen.

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The original exhibits to the Declaration of Manvin S. Mayell in Support of Roche's Memorandum in Opposition to Plaintiff Amgen Inc.'s Motion to Exclude the Testimony of Lauren J. Stiroh (DN 699) were previously filed and/or submitted to the Court for in camera review on July 12, 2007, and in some instances have been amended to omit portions unnecessary for the Court's determination of the present motion.

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 778

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Exhibit 5

Excerpts from a document titled, February 8, 2006 CRB, with bates numbers AM44 0007126 - AM44 0007166, produced in the course of this litigation by Amgen. Excerpts from a document titled June 11, 2003 CRB Meeting, Project CAT Update on Roche / Peg Epoetin Beta (CERA), with bates numbers AM44 0011388 - AM44 0011416, produced in the course of this litigation by Amgen. Excerpts from a document titled, June 2004 Cross-Functional CI Team, with bates numbers AM44 0094966 - AM44 0095013, produced in the course of this litigation by Amgen. Excerpts from a document titled, March 23, 2006 NACO Operating Review Storyboard, with bates numbers AM44 0231755 - AM44 0231777, produced in the course of this litigation by Amgen. Excerpts from a document titled, April 26, 2006 Developing a Broader and Bolder Partnership with FMC, with bates numbers AM44 0392145 - AM44 0392211, produced in the course of this litigation by Amgen. Excerpts from a May 4, 2006 E-Mail from Henry Rath, with bates numbers AM44 1027895 - AM44 1027896, produced in the course of this litigation by Amgen. Excerpts from a document titled, Major Drivers of Economic Impact of Proposed FMS Contract, with bates numbers AM44 1516866 - AM44 1516876, produced in the course of this litigation by Amgen. Excerpts from a June 16, 2006 E-Mail from Dave Wasiolek, with bates number AM44 1934907, produced in the course of this litigation by Amgen. Excerpts from a document titled, Amgen Potential Revenue Loss in '07-`11, with bates number AM44 1934908, produced in the course of this litigation by Amgen. Excerpts from a February 8, 2007 E-Mail from Nancy Sayre, with bates numbers AM44 1951163 - AM44 1951164, produced in the course of this litigation by Amgen. Excerpts from a January 10, 2007 E-Mail from Phil Marinelli, with bates numbers AM44 2024361 - AM44 2024364, produced in the course of this litigation by Amgen Excerpts from the Amgen March 31, 2007 Form 10-Q. Intentionally Left Blank

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

Exhibit 12 Exhibit 13 Exhibit 14

Exhibit 15

Exhibit 16 Exhibit 17

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Exhibit 18

Excerpts from a document titled, March 1, 2007, 2007 MIRCERA Business Plan, with bates numbers R11-000637988 - R11-000638017, produced in the course of this litigation by Roche. Excerpts from a document titled, October 1, 2006, Sourcing & Supply Agreement, with bates numbers FMCNA 002516 - FMCNA 002539, produced in response to a subpoena in the course of this litigation by Fresenius. Excerpts from a July 2, 2006 E-Mail from Rob Stillwell, with bates number FMCNA 002859, produced in response to a subpoena in the course of this litigation by Fresenius. Excerpts from the April 6, 2007 Expert Report of B. Douglas Bernheim. Excerpts from the May 11, 2007 Expert Rebuttal Report of B. Douglas Bernheim. Excerpts from the April 6, 2007 Expert Report of Lauren Stiroh. Excerpts from the May 11, 2007 Expert Report of David J. Teece. Excerpts from the March 22, 2007 transcript of the deposition of George Abercrombie. Excerpts from the March 23, 2007 transcript of the deposition of Robert Azelby. Excerpts from the March 20, 2007 transcript of the deposition of Sonders Beimfohr. Excerpts from the May 30, 2007 transcript of the deposition of B. Douglas Bernheim. Excerpts from the March 13, 2007 transcript of the deposition of Suzann Duncan. Excerpts from the May 25, 2007 transcript of the deposition of Einer Elhauge. Excerpts from the March 30, 2007 transcript of the deposition of Richard Hinson. Excerpts from the April 2, 2007 transcript of the deposition of Dennis Kogod. Excerpts from a March 21, 2007 letter from Dennis Kogod to Leslie Mirani, with bates number DVA-Roche 0002000, which was marked as Exhibit 2 to the April 2, 2007 transcript of the deposition of Dennis Kogod. Excerpts from the March 22, 2007 transcript of the deposition of Alex Lyons. Excerpts from the March 30, 2007 transcript of the deposition of Robert McGorty. Excerpts from the April 2, 2007 transcript of the deposition of Leslie Mirani.

Exhibit 19

Exhibit 20

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 Exhibit 35 Exhibit 36

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Exhibit 37 Exhibit 38 Exhibit 39 Exhibit 40

Excerpts from the March 26, 2007 transcript of the deposition of George Morrow. Excerpts from the March 29, 2007 transcript of the deposition of Peter Schupbach. Excerpts from the March 27, 2007 transcript of the deposition of Kevin Sharer. Excerpts from a document titled, February 8, 2007 Amgen at Merrill Lynch Global Pharmaceutical, Biotechnology and Medical, which was marked as Exhibit 11 to the March 27, 2007 deposition of Kevin Sharer. Excerpts from the May 31, 2007 transcript of the deposition of Lauren Stiroh. Excerpts from a document titled, January 24, 2007 Epogen/Aranesp Non Onc 2007-09 Revenue Plan Update, with bates numbers AM44 1951328 - AM44 1951333, which was marked as Exhibit 6 to the May 31, 2007 deposition of Lauren Stiroh. Excerpts from the June 7, 2007 transcript of the deposition of David Teece. Excerpts from the March 20, 2007 transcript of the deposition of Helen Torley.

Exhibit 41 Exhibit 42

Exhibit 43 Exhibit 44

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Dated: July 27, 2007 Boston, Massachusetts

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] 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 711197.1

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