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

Filing 889

MOTION in Limine No. 18: Preclude Roche From Referring to Government Funding of Dr. Goldwasser's Research and From Arguing that Dr. Goldwasser's Research Should Not Have Been Shared With Amgen by Amgen Inc..(Gottfried, Michael)

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

Doc. 889

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

PLAINTIFF AMGEN'S MOTION IN LIMINE NO. 18: PRECLUDE ROCHE FROM REFERRING TO GOVERNMENT FUNDING OF DR. GOLDWASSER'S RESEARCH AND FROM ARGUING THAT DR. GOLDWASSER'S RESEARCH SHOULD NOT HAVE BEEN SHARED WITH AMGEN Pursuant to FRE 402 and 403, Plaintiff Amgen Inc. ("Amgen") requests that this Court preclude Defendants F. Hoffmann-La Roche Ltd., Roche Diagnostics GmbH, and Hoffmann-La Roche Inc. (collectively "Roche") from arguing in support of its invalidity defense that Dr. Goldwasser's collaboration with Amgen was inappropriate and involved a violation of some unknown and unstated duty to the public resulting from Dr. Goldwasser's government funding. Roche's accusations against Dr. Goldwasser are irrelevant, will cause Amgen unfair prejudice, and are likely to mislead and distract the jury by converting the obviousness issue into a sideshow regarding the relationship of public research funding to the ownership of materials produced during that scientific research. Roche should be precluded from arguing in support of its invalidity defense that Dr. Goldwasser's collaboration with Amgen was inappropriate or violated some duty to the public resulting from Dr. Goldwasser's government support.

Dockets.Justia.com

Amgen requests that this Court, pursuant to FRE 402 and 403, preclude Roche from presenting testimony or arguing that: (1) Dr. Goldwasser's work purifying urinary EPO was taxpayer supported through NIH funding; (2) that such public funding created a duty or otherwise obliged Dr. Goldwasser to share his supply of urinary EPO with anyone who requested it; and (3) that he violated such a duty. In support of this motion, Amgen submits a brief.

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Respectfully Submitted, Date: August 28, 2007 AMGEN INC., By its attorneys, /s/ Michael R. Gottfried D. DENNIS ALLEGRETTI (BBO#545511) MICHAEL R. GOTTFRIED (BBO#542156) PATRICIA R. RICH (BBO#640578) DUANE MORRIS LLP 470 Atlantic Avenue, Suite 500 Boston, MA 02210 Telephone: [phone] Facsimile: [phone] LLOYD R. DAY, JR. (pro hac vice) DAY CASEBEER MADRID & BATCHELDER LLP 20300 Stevens Creek Boulevard, Suite 400 Cupertino, CA 95014 Telephone: [phone] Facsimile: [phone] WILLIAM GAEDE III (pro hac vice) McDERMOTT WILL & EMERY 3150 Porter Drive Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] KEVIN M. FLOWERS (pro hac vice) MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago IL 60606 Telephone: [phone] Facsimile: [phone]

Of Counsel: STUART L. WATT WENDY A. WHITEFORD MONIQUE L. CORDRAY DARRELL G. DOTSON KIMBERLIN L. MORLEY ERICA S. OLSON AMGEN INC. One Amgen Center Drive Thousand Oaks, CA 91320-1789 [phone]

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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 no agreement was reached. /s/ Michael R. Gottfried Michael R. Gottfried

CERTIFICATE OF SERVICE I hereby certify that this document filed through the Electronic Case Filing (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 nonregistered participants, on the above date. /s/ Michael R. Gottfried Michael R. Gottfried