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

Filing 868

DECLARATION re #867 Opposition to Motion in Limine to Preclude Amgen from Contradicting Arguments Made in Prior Administrative and Judicial Proceedings of Geoffrey M. Godfrey by Amgen Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M)(Gottfried, Michael)

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

Doc. 868

Case 1:05-cv-12237-WGY

Document 868

Filed 08/24/2007

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) Plaint iff, ) ) v. ) ) ) F. HOFFMANN-LA ROCHE ) LTD., a Swiss Company, ROCHE ) DIAGNOSTICS GmbH, a German ) Company and HOFFMANN-LA ROCHE ) INC., a New Jersey Corporation, ) ) Defendants. ) __________________________________________) AMGEN INC.,

Civil Action No.: 05-12237 WGY

DECLARATION OF GEOFFREY M. GODFREY IN SUPPORT OF AMGEN'S OPPOSITION TO ROCHE'S MOTION IN LIMINE TO PRECLUDE AMGEN FROM CONTRADICTING ARGUMENTS MADE IN PRIOR ADMINISTRATIVE AND JUDICIAL PROCEEDINGS I, Geoffrey M. Godfrey, declare as follows: 1. I am an attorney 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 A is a true and correct copy of the Manual of Patent

Examining Procedure § 2303 (5th ed., Rev. 9, Sept. 1988). 4. (1988). 5. Attached hereto as Exhibit C is a true and correct copy of an Office Action, dated Attached hereto as Exhibit B is a true and correct copy of 37 C.F.R. § 1.601(f)

February 9, 1990, from the prosecution history of U.S. Patent Application No. 07/113,178.
771379

1

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 868

Filed 08/24/2007

Page 2 of 3

6.

Attached hereto as Exhibit D is a true and correct copy of excerpts from a

document titled "Preliminary Motions of the Party Fritsch et al.," dated August 9, 1989, from Interference Nos. 102,096 and 102,097. 7. Attached hereto as Exhibit E is a true and correct copy of excerpts from a

document titled "Oppositions By the Party Lin to the Preliminary Motions of the Party Fritsch et al.," dated August 29, 1989, from Interference Nos. 102,096 and 102,097. 8. Attached hereto as Exhibit F is a true and correct copy of a document titled

"Decisions on Motions," dated February 9, 1990, from Interference No. 102,096. 9. Attached hereto as Exhibit G is a true and correct copy of a document titled

"Decisions on Motions," dated February 9, 1990, from Interference No. 102,097. 10. Attached hereto as Exhibit H is a true and correct copy of excerpts from a

document titled "Brief for the Party Fritsch," dated July 8, 1991, from Interference No. 102,097. 11. Attached hereto as Exhibit I is a true and correct copy of excerpts from a

document titled "Brief for the Party Fritsch," dated July 8, 1991, from Interference No. 102,096. 12. Attached hereto as Exhibit J is a true and correct copy of excerpts from a

document titled "Brief for the Party Fritsch," dated July 8, 1991, from Interference No. 102,334. 13. Attached hereto as Exhibit K is a true and correct copy of an Office Action, dated

August 11, 1994, from the prosecution history of U.S. Patent Application No. 07/113,179. 14. Attached hereto as Exhibit L is a true and correct copy of a document titled

"Applicant's Amendment and Remarks Under 37 C.F.R. §§ 1.111 and 1.115," dated October 7, 1994, from the prosecution history of U.S. Patent Application No. 07/113,179. 15. Attached hereto as Exhibit M is a true and correct copy of a Notice of

Allowability, dated February 6, 1995, from the prosecution history of U.S. Patent Application No. 07/113,179.

2

Case 1:05-cv-12237-WGY

Document 868

Filed 08/24/2007

Page 3 of 3

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Signed this 24th day o f August, 2007.

By:

/s/ Geoffrey M. Godfrey Geoffrey M. Godfrey

3