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

Filing 999

DECLARATION re #997 MOTION in Limine to Preclude Evidence for Obviousness that Violates 35 USC Sec. 103 Prohibition that "Patentability Shall Not be Negatived By the Manner in Which the Invention was Made" and Which Reflects the Subjective Beliefs of the Inv, #998 Memorandum in Support of Motion, By WILLIAM G. GAEDE, III by Amgen Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6)(Gottfried, Michael)

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

Doc. 999

Case 1:05-cv-12237-WGY

Document 999

Filed 09/05/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF MASSACHUSETTS AMGEN INC., Plaintiff, v. F. HOFFMANN-LA ROCHE LTD, a Swiss Company, ROCHE DIAGNOSTICS GMBH, a German Company, and HOFFMANN LA ROCHE INC., a New Jersey Corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No.: 1:05-cv-12237 WGY

DECLARATION OF WILLIAM G. GAEDE, III, IN SUPPORT OF PLAINTIFF AMGEN INC.'S BRIEF IN SUPPORT OF ITS MOTION IN LIMINE NO. 24 TO PRECLUDE EVIDENCE FOR OBVIOUSNESS THAT VIOLATES 35 U.S.C. § 103 PROHIBITION THAT "PATENTABILITY SHALL NOT BE NEGATIVED BY THE MANNER IN WHICH THE INVENTION WAS MADE" AND WHICH REFLECTS THE SUBJECTIVE BELIEFS OF THE INVENTOR I, William G. Gaede, III, declare as follows: 1. I am a partner with McDermott Will & Emery LLP and counsel for Amgen, Inc.

in the above-captioned matter. 2. I am submitting this declaration in support of Plaintiff Amgen Inc.'s Motion in

Limine No. 24 To Preclude Evidence for Obviousness That Violates 35 U.S.C. § 103 Prohibition that "Patentability Shall Not Be Negatived by the Manner in Which the Invention Was Made. 3. I have knowledge of the following, and if called as a witness, could and would

testify competently to the contents herein. 4. Attached as Exhibit 1 is a true and correct copy of select pages from the Expert

Report of Dr. John Lowe.

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GAEDE DECL. RE AMGEN'S MOTION IN LIMINE NO. 24 CIVIL ACTION NO. 1:05-CV-12237 WGY Dockets.Justia.com

Case 1:05-cv-12237-WGY

Document 999

Filed 09/05/2007

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5.

Attached as Exhibit 2 is a true and correct copy of select pages from Fritsch Party

Motion M, filed in the United States Patent and Trademark Office, Interference Nos. 102,096 and 102,097 [AM 17 000440-441]. 6. Attached as Exhibit 3 is a true and correct copy of select pages from Lin Party

Opposition M, filed in the United States Patent and Trademark Office, Interference Nos. 102,096 and 102,097 [AM 17 000126-127]. 7. Attached as Exhibit 4 is a true and correct copy of select pages from the Decision

on Motions, filed in the United States Patent and Trademark Office, Interference No. 102,097 [AM 17 005577; 5580; 5582]. 8. Attached as Exhibit 5 is a true and correct copy of select pages from Fritsch Party

Brief, dated July 8, 1991, filed in the United States Patent and Trademark Office, Interference No. 102,097 [AM 17 008055; AM 17 008112-116]. 9. Attached as Exhibit 6 is a true and correct copy of select pages from the Brief for

the Senior Party Lin, filed in the United States Patent and Trademark Office, Interference No. 102,097 [AM 17 010603, 663, 664 and 669]. I declare, under penalty of perjury, under the laws of the United States, that the foregoing is true and correct and that this Declaration was completed at Boston, Massachusetts this 5th day of September 2007. /s/William G. Gaede, III William G. Gaede, III

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GAEDE DECL. RE AMGEN'S MOTION IN LIMINE NO. 24 CIVIL ACTION NO. 1:05-CV-12237 WGY

Case 1:05-cv-12237-WGY

Document 999

Filed 09/05/2007

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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/ Michael R. Gottfried Michael R. Gottfried

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CIVIL ACTION NO. 1:05-CV-12237 WGY