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

Filing 912

MOTION for Leave to File Under Seal Documents Containing Defendants' 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)

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

Doc. 912

Case 1:05-cv-12237-WGY

Document 912

Filed 08/31/2007

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 LEAVE TO FILE UNDER SEAL DOCUMENTS CONTAINING DEFENDANTS' 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, pursuant to the Protective Order and Local Rule 7.2, to file under seal documents containing Roche's confidential and trade secret materials submitted for in camera review by Amgen, if the Court deems these materials necessary for its ruling on Amgen's Motion In Limine No. 13 (Docket No. 856). Fishman Exhibits 1-4 and 7 ("The Exhibits"),1 contain highly sensitive, confidential trade secret information belonging to Roche, including information drawn from Roche documents regarding the clinical testing for Roche's MIRCERAŽ. The Exhibits shouldn't be accepted for filing at all, under seal or otherwise, because the confidential information contained in these documents is unnecessary and irrelevant for Amgen's motion. If the Court does deem these
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. While Roche maintains that all of the exhibits submitted for in camera review are highly confidential documents, in light of the Court's requirement that only trade secrets be filed under seal, Roche will not object to Exhibits 5 being filed in the public record if the Court deems it necessary to decide Amgen's motion.
1

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 912

Filed 08/31/2007

Page 2 of 3

documents necessary for its ruling, however, Roche requests that the Exhibits be filed under seal to protect Roche's highly confidential trade secrets contained within. In support of this motion, Roche relies on the accompanying Memorandum of Law and Declaration of Krishnan Viswanadhan. 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 was reached. DATED: Boston, Massachusetts August 31, 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: [phone] [e-mail] 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: [phone]

2

Case 1:05-cv-12237-WGY

Document 912

Filed 08/31/2007

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 729672.1

3