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

Filing 883

MOTION for Extension of Time to August 31, 2007 to File a Motion for Leave to Seal Documents Containing Roche's Trade Secrets Submitted in Connection with Amgen's Motion In Limine No. 13 by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Toms, Keith)

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Amgen Inc. v. F. Hoffmann-LaRoche LTD et al Doc. 883 Case 1:05-cv-12237-WGY Document 883 Filed 08/28/2007 Page 1 of 3 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, v. F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION No.: 05-CV-12237WGY ROCHE'S MOTION FOR AN EXTENSION OF TIME TO FILE A MOTION FOR LEAVE TO SEAL DOCUMENTS CONTAINING ITS TRADE SECRETS SUBMITTED IN CONNECTION WITH AMGEN'S MOTION IN LIMINE NO. 13 Defendants F. Hoffmann-La Roche Ltd, Roche Diagnostics GmbH, and Hoffmann-La Roche Inc. (collectively "Roche") respectfully request a three-day extension of time until August 31, 2007, to file a motion to seal documents containing Roche's confidential and trade secret materials, which were submitted for in camera review by Amgen in connection with its Motion In Limine No. 13. (Docket No. 856).1 In support of this motion, Roche states that the documents at issue contain highly confidential trade secret information, but that, in light of the availability of Roche personnel with pertinent information, it requires additional time to prepare its particularized motion and declaration as required by the Court. Roche further states that this extension will not affect the briefing schedule for Roche's opposition on the merits, which is not due until September 5, 2007. The Roche confidential documents at issue correspond to Exhibits 1-5, and 7 to the Declaration of Deborah E. Fishman in Support of Amgen Inc.'s Motion In Limine No. 13: Exclude Evidence and Argument Regarding Roche's FDA Filings and Communications that It Withheld Throughout Fact Discovery (Docket No. 858). These Exhibits were submitted to the Court for in camera review on August 22, 2007. 1 Case 1:05-cv-12237-WGY Document 883 Filed 08/28/2007 Page 2 of 3 Thus, Roche respectfully requests three additional days, until August 31, 2007, to prepare its motion for leave to file under seal documents containing its confidential, trade secret information. CERTIFICATE PURSUANT TO LOCAL RULE 7.1 I certify that counsel for the parties have conferred in an attempt to resolve or narrow the issues presented by this motion and that no agreement could be reached. DATED: Boston, Massachusetts August 28, 2007 Respectfully submitted, F. HOFFMANN-LA ROCHE LTD, ROCHE DIAGNOSTICS GMBH, and HOFFMANN-LA ROCHE INC. By their Attorneys, /s/ Keith E. Toms Lee Carl Bromberg (BBO# 058480) Julia Huston (BBO# 562160) Keith E. Toms (BBO# 663369) Nicole A. Rizzo (BBO # 663853) Kimberly J. Seluga (BBO# 667655) BROMBERG & SUNSTEIN LLP 125 Summer Street Boston, MA 02110 Tel: (617) 443-9292 Leora Ben-Ami (pro hac vice) Mark S. Popofsky (pro hac vice) Patricia A. Carson (pro hac vice) Thomas F. Fleming (pro hac vice) Howard S. Suh (pro hac vice) Peter Fratangelo (BBO# 639775) KAYE SCHOLER LLP 425 Park Avenue New York, NY 10022 Tel: (212) 836-8000 2 Case 1:05-cv-12237-WGY Document 883 Filed 08/28/2007 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/ Keith E. Toms Keith E. Toms 03099/00501 730558.1 3

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