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

Filing 891

MOTION in Limine No. 21: Exclude Introduction of Opinions or Supporting Evidence Not Previously Identified in Expert Reports by Amgen Inc..(Rich, Patricia)

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

Doc. 891

Case 1:05-cv-12237-WGY

Document 891

Filed 08/29/2007

Page 1 of 3

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. 21: EXCLUDE INTRODUCTION OF OPINIONS OR SUPPORTING EVIDENCE NOT PREVIOUSLY IDENTIFIED IN EXPERT REPORTS Pursuant to FRCP 26(a)(2)(B) and 37(c)(1), Amgen moves to exclude expert opinions that were not contained in Roche's expert reports but rather were disclosed for the first time in declarations filed in connection with summary judgment motions, after the experts were deposed. Under FRCP 26, an expert report must contain a complete set of opinions about which the expert may testify. By submitting expert declarations containing new opinions after the close of expert discovery, Roche violated its expert discovery responsibilities. Roche provided these brand new expert opinions after Amgen deposed the particular experts, thereby denying Amgen the opportunity to examine the experts as to their new opinions. Amgen requests an order under Rule 26 and Rule 37 precluding Roche from offering at trial expert opinions that were revealed for the first time in declarations filed after the close of expert discovery. In support of this motion, Amgen submits a brief.

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 891

Filed 08/29/2007

Page 2 of 3

Date: August 29, 2007

Respectfully Submitted, AMGEN INC., By its attorneys, /s/ Patricia R. Rich 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]

2

Case 1:05-cv-12237-WGY

Document 891

Filed 08/29/2007

Page 3 of 3

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/ Patricia R. Rich Patricia R. Rich

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/ Patricia R. Rich Patricia R. Rich