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

Filing 992

Letter/request (non-motion) from Craig H. Casebeer. (Rich, Patricia)

Case 1:05-cv-12237-WGY

Document 992

Filed 09/04/2007

Page 1 of 3

DAY CASEBEER MADRID & BATCHELDER

LIP

20300 Stevens Creek Blvd., Suite 400 Cupertino, CA 95014 Telephone : [phone] Facsimile: [phone]

Craig H Casebeer [phone] [e-mail]

September 4, 2007
VIA ELECTRONIC CASE FILING SYSTEM

The Honorable William G . Young District Judge for the District of Massachusetts John Joseph Moakley U .S . Courthouse 1 Courthouse Way Boston, MA 02210 Re :
Amgen Inc. v. F. Hoffman-Roche, Ltd., et aL

Civil Action No : 05-12237-WGY Dear Judge Young: We write to raise with Your Honor issues that we believe would be useful to consider for trial on Wednesday. We request that the Court rule on the following motions prior to opening arguments: Docket No . 824 Amgen's Motion In Limine No . 1 : Exclude Roche from Referring to its Own Patent on Pegylated Erythropoietin Amgen's Motion In Limine No . 18: Exclude 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

Docket No . 889

Case 1:05-cv-12237-WGY

Document 992

Filed 09/04/2007

Page 2 of 3

DAY CASEBEER MADRID & BATCHELDER LLP

The Honorable William G . Young District Judge for the District of Massachusetts September 4, 2007 Page 2 During the testimony of Dr. Lowe, Roche's first witness, we believe the following motions may become relevant : Docket No . 828 Amgen's Motion In Limine No . 4: Exclude Genetech's PLA Filing (Roche Trial Exhibit No. 1072) Because it is Not Prior Art Amgen's Motion In Limine No . 9 : Exclude the Testimony of Roche's Experts Kadesch and Lowe Regarding Protein Sequencing Due to Their Lack of Expertise Amgen's Motion In Limine No . 19 : Exclude Expert Testimony for Supplementation in Violation of the Parties' June 6, 2007, Agreement

Docket No . 843

Docket No . 871

Thank you for your consideration of these issues. Very truly yours,
DAY CASEBEER MRID & BATCHELDER LLP

Craig H. Casebeer CHC :rlp

Case 1:05-cv-12237-WGY

Document 992

Filed 09/04/2007

Page 3 of 3

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 non-registered participants on the above date. /s/ Craig H. Casebeer Craig H. Casebeer

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