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

Filing 800

NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. re #745 Declaration, #589 Declaration - Defendants' Supplemental 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 (Brooks, Kregg)

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

Doc. 800

Case 1:05-cv-12237-WGY

Document 800

Filed 08/06/2007

Page 1 of 3

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' SUPPLEMENTAL 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 85 Redacted version of excerpts from the April 6, 2007 Expert Report of Einer Elhauge. The confidential version of this exhibit was filed under seal on August 6, 2007, leave having been given by Court Order of July 31, 2007. Withheld in its entirety as leave was given to seal entire document by Court Order of July 31, 2007. Redacted version of document bates numbered AM44 2024585 - AM44 2024588 as produced by Amgen on July 12, 2007. The confidential version of this exhibit

Exhibit 209 Exhibit 257

1

These exhibits were withheld, due to motions to seal by third parties Fresenius Medical Care Holdings, Inc. and DaVita, Inc. (DN 779 and DN 785).

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 800

Filed 08/06/2007

Page 2 of 3

was filed under seal on August 6, 2007, leave having been given by Court Order of July 31, 2007. Exhibit 259 Redacted version of document bates numbered AM44 2024592 - AM44 2024596 as produced by Amgen on July 12, 2007. The confidential version of this exhibit was filed under seal on August 6, 2007, leave having been given by Court Order of July 31, 2007. 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]

Dated: August 6, 2007 Boston, Massachusetts

2

Case 1:05-cv-12237-WGY

Document 800

Filed 08/06/2007

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/ Kregg T. Brooks Kregg T. Brooks
03099/00501 716323.1

3