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

Filing 858

DECLARATION re #857 Memorandum in Support of Motion BY DEBORAH E. FISHMAN by Amgen Inc.. (Attachments: #1 Exhibit 1-5 and 7 submitted in camera# 2 Exhibit 6)(Gottfried, Michael)

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

Doc. 858

Case 1:05-cv-12237-WGY

Document 858

Filed 08/22/2007

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN, INC., ) ) ) Plaintiff, ) v. ) ) F. HOFFMANN-LAROCHE LTD., ) a Swiss Company, ROCHE DIAGNOSTICS ) GMBH, a German Company, and ) HOFFMANN LAROCHE INC., a New ) Jersey Corporation, ) ) Defendants. )

Civil Action No. 05 CV 12237 WGY

DECLARATION OF DEBORAH E. FISHMAN IN SUPPORT OF AMGEN'S MOTION IN LIMINE NO. 13: EXCLUDE EVIDENCE AND ARGUMENT REGARDING ROCHE'S FDA FILINGS AND COMMUNICATIONS WITHHELD THROUGHOUT FACT DISCOVERY

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 858

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I, Deborah E. Fishman, declare as follows: 1. I am a partner at the law firm of Day Casebeer Madrid & Batchelder LLP, counsel

for plaintiff Amgen Inc. I am admitted to practice law before this Court (pro hac vice) and all of the Courts of the State of California. 2. I make this declaration of my own personal knowledge. If called to testify as to

the truth of the matters stated herein, I could and would testify competently. 3. Attached hereto as Exhibit 1 is a true and correct copy of excerpts of the Expert

Report of Professor Jeffrey S. Borer, M.D., May 11, 2007, designated by Roche as "Highly Confidential". 4. Attached hereto as Exhibit 2 is a true and correct copy of excerpts of the Expert

Report of Joachim Vollmar, May 11, 2007, designated by Roche as "Highly Confidential". 5. Attached hereto as Exhibit 3 is a true and correct copy of excerpts of the Expert

Report of Kenneth V. Lieberman, M.D., May 11, 2007, designated by Roche as "Highly Confidential". 6. Attached hereto as Exhibit 4 is a true and correct copy of excerpts of the Expert

Report of Professor Steven Fishbane, M.D., May 11, 2007, designated by Roche as "Highly Confidential". 7. Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the Third

Expert Statement of Dr. Bruce Spinowitz, M.D., June 13, 2007, designated by Roche as "Confidential/Restricted Access".

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Case 1:05-cv-12237-WGY

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8.

Attached hereto as Exhibit 6 is a true and correct copy of a letter from Mario

Moore to Thomas F. Fleming, dated May 22, 2007. 9. Attached hereto as Exhibit 7 is a true and correct copy of excerpts of the

Deposition of Professor Jeffrey S. Borer, M.D., May 22, 2007, designated by Roche as "Confidential/Restricted Access."

Signed this 22nd day of August, 2007. By: /s/ Deborah E. Fishman Deborah E. Fishman

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Case 1:05-cv-12237-WGY

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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 on-registered participants.

/s/ Michael R. Gottfried Michael R. Gottfried