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

Filing 967

MOTION for Leave to File a Sur-Reply to Defendants' Reply in Support of its Motion in Limine [DN 814] to Preclude Plaintiff from Offering into Evidence or Referencing to the Jury the June 2001 Settlement Agreement by Amgen Inc.. (Attachments: #1 Exhibit A (Proposed Sur-Reply))(Gottfried, Michael)

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

Doc. 967

Case 1:05-cv-12237-WGY

Document 967

Filed 09/03/2007

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

AMGEN'S MOTION FOR LEAVE TO FILE A SUR-REPLY TO DEFENDANTS' REPLY IN SUPPORT OF ITS MOTION IN LIMINE TO PRECLUDE PLAINTIFF FROM OFFERING INTO EVIDENCE OR REFERENCING TO THE JURY THE JUNE 2001 SETTLEMENT AGREEMENT Amgen moves pursuant to L.R. 7.1, for leave of court to file a brief memorandum, attached as Exhibit A, in support of its Opposition to Roche's Motion In Limine To Preclude Plaintiff From Offering Into Evidence Or Referencing To The Jury the June 2001 Settlement Agreement . As grounds for this motion, Amgen states that its sur-reply will clarify issues raised in Roche's reply and Amgen believes it will be of assistance to the Court in ruling on the Motion.

Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 967

Filed 09/03/2007

Page 2 of 3

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]

__/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. DAY CASEBEER, MADRID & BATCHELDER LLP 20300 Stevens Creek Boulevard, Suite 400 Cupertino, CA 95014 Telephone: [phone] Facsimile: [phone] WILLIAM GAEDE III McDERMOTT WILL & EMERY 3150 Porter Drive Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] Kevin M. Flowers MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago, IL 60606 Telephone: [phone] Facsimile: [phone]

Case 1:05-cv-12237-WGY

Document 967

Filed 09/03/2007

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/ Michael R. Gottfried Michael R. Gottfried

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 and paper copies will be sent to those indicated as non-registered participants on September 3, 2007.

/s/ Michael R. Gottfried Michael R. Gottfried