Amgen Inc. v. F. Hoffmann-LaRoche LTD et al Featured Case
Plaintiff: Amgen Inc.
Defendant: F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH and Hoffmann LaRoche Inc.
Counter Claimant: F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH and Hoffmann LaRoche Inc.
Counter Defendant: Amgen Inc.
Movant: Fresenius Medical Care Holdings, Inc. (FMC) and DaVita, Inc.
Case Number: 1:2005cv12237
Filed: November 8, 2005
Court: US District Court for the District of Massachusetts
Office: Patent Office
County: Suffolk
Presiding Judge: William G. Young
Nature of Suit: Defendant
Cause of Action: Federal Question
Jury Demanded By: 28:1338 Patent Infringement
Docket Report

This docket was last retrieved on August 19, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2010 Filing 1786 Judge William G. Young: ORDER entered. STIPULATION AND ORDER(Paine, Matthew)
July 20, 2010 Filing 1785 STIPULATION and [Proposed] Order by Amgen Inc., F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc., Roche Diagnostics GmbH. (Gottfried, Michael)
April 21, 2010 Filing 1784 Judge William G. Young: ORDER entered. STIPULATION AND ORDER(Paine, Matthew)
April 20, 2010 Filing 1783 STIPULATION AND [PROPOSED] ORDER by Amgen Inc., F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc., Roche Diagnostics GmbH. (Gottfried, Michael)
February 22, 2010 Judge William G. Young: Electronic ORDER entered granting 1782 MOTION for Extension of Time to April 21, 2010 to comply with the Protective Order (Paine, Matthew)
February 19, 2010 Filing 1782 MOTION for Extension of Time to April 21, 2010 to comply with the Protective Order by Amgen Inc..(Gottfried, Michael)
January 28, 2010 Filing 1781 NOTICE of Withdrawal of Appearance by Nicole E. Gage (Gage, Nicole)
January 22, 2010 E-Mail Notice re Electronic Order originally issued on 1/22/2010 returned as undeliverable. Name of Addressee: Krista Rycroft. The ECF Help Desk has contacted the law firm on record, who advised that the attorney is no longer employed by that firm. The attorneys email address has been removed from the database to prevent the return of additional undeliverable email notices. (Burgos, Sandra)
January 22, 2010 Judge William G. Young: Electronic ORDER entered granting 1778 MOTION for Extension of Time to February 20, 2010 to To Comply With The Protective Order (Paine, Matthew)
January 21, 2010 Filing 1780 DECLARATION re 1778 MOTION for Extension of Time to February 20, 2010 to To Comply With The Protective Order of Patricia A. Carson by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Smith, Nicole)
January 21, 2010 Filing 1779 MEMORANDUM in Support re 1778 MOTION for Extension of Time to February 20, 2010 to To Comply With The Protective Order filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Smith, Nicole)
January 21, 2010 Filing 1778 MOTION for Extension of Time to February 20, 2010 to To Comply With The Protective Order by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Smith, Nicole)
December 22, 2009 Filing 1777 OPINION of USCA. Opinion issued in the USCA 9/15/2009 (Attachments: # 1 part 2, # 2 part 3)(Ramos, Jeanette)
December 22, 2009 Filing 1776 MANDATE of USCA for the Federal Circuit as to 1768 Notice of Appeal to the Federal Circuit filed by Amgen Inc., 1748 Notice of Appeal to the Federal Circuit, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH. Appeal 1768 , 1748 Terminated. This cause having been heard and considered, it is ORDERED and ADJUDGED: AFFIRMED-IN-PART, VACATED-IN-PART, and REMANDED. Mandate issued in the USCA for the Federal Circuit 12/17/2009 (Ramos, Jeanette)
December 22, 2009 E-Mail Notice re Order originally issued on 12/22/2009 returned as undeliverable. Name of Addressee: Keith Toms. The ECF Help Desk has contacted the law firm on record, who advised that the attorney is no longer employed by that firm. The attorneys email address has been removed from the database to prevent the return of additional undeliverable email notices. (Burgos, Sandra)
December 22, 2009 Filing 1775 Judge William G. Young: ORDER entered. STIPULATION AND ORDER(Paine, Matthew)
December 21, 2009 Filing 1774 STIPULATION and [PROPOSED] ORDER by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc., Amgen Inc.. (Gottfried, Michael)
November 4, 2009 Filing 1773 NOTICE of Withdrawal of Appearance by Nicole Rizzo Smith as to Julia Huston (Smith, Nicole)
October 22, 2009 Filing 1772 NOTICE of Withdrawal of Appearance by Nicole A. Rizzo Smith Notice of Withdrawal of Appearance of Lee Carl Bromberg (Rizzo Smith, Nicole)
October 22, 2009 Filing 1771 NOTICE of Change of Address or Firm Name by Nicole A. Rizzo Smith (Rizzo Smith, Nicole)
December 8, 2008 Filing 1770 USCA Case Number 09-1096 for 1768 Notice of Appeal to the Federal Circuit filed by Amgen Inc. (Attachments: # 1 attachment, # 2 attachment)(Ramos, Jeanette)
November 21, 2008 Filing 1769 Certified and Transmitted Notice of Appeal & Judgment to US Court of Appeals for the Federal Circuit re 1768 Notice of Appeal to the Federal Circuit (Ramos, Jeanette)
November 18, 2008 Notice of correction to docket made by Court staff. Correction: Docket Entry 1767 Notice of Cross Appeal Corrected Because: The Appeal Was Filed Under the Wrong Event in CM/ECF and was Refiled Under the Corrected Event, Notice of Appeal to the Federal Circuit. See Docket Entry 1768 for the Notice of Cross Appeal to the Federal Circuit. (Paine, Matthew)
November 17, 2008 Filing 1768 NOTICE OF CROSS APPEAL to the Federal Circuit as to 1756 Judgment by Amgen Inc.. Filing fee $ 455, receipt number 01010000000002192813 Appeal Record due by 12/8/2008. (Paine, Matthew) Modified on 11/18/2008 (Paine, Matthew).
November 17, 2008 Filing 1767 NOTICE OF CROSS APPEAL by Amgen Inc.. Filing fee $ 455, receipt number 01010000000002192813. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 12/8/2008. (Gottfried, Michael)
November 5, 2008 Filing 1766 TRANSCRIPT ORDER FORM by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. for proceedings held on 5/10/2006-4/2/2008 before Judge William G. Young, (Toms, Keith)
November 3, 2008 Motions terminated: (SEE ORDER DATED OCTOBER 31, 2008) re 1764 MOTION to Make Findings Under Fed R. Civ. P. 52 and Motion for New Trial Under Fed. R. Civ. P. 59 Regarding Judgment Related to '933 Claims 11 and 14 filed by Amgen Inc., 1763 MOTION Pursuant to Rules 52(a) and 52(b) for Entry of Findings of Fact and Conclusions of Law Relating to Inequitable Conduct filed by Amgen Inc.. (Paine, Matthew)
November 3, 2008 Judge William G. Young: Electronic ORDER entered granting 1762 MOTION to Withdraw pro hac vice admission of Kathleen McDermott. (Paine, Matthew)
October 31, 2008 Filing 1765 William G. Young: NOTICE "After now carefully reviewing Roches notice of appeal, the Court gives notice that it will not be entering any supplementary findings of fact or rulings of law. Nothing has been left unresolved in the district court, Amgen, Inc. v. F. Hoffman-Laroche, Ltd., Civ. No. 05-12237, 2008 WL 4452 454, at *1 (D. Mass. October 2, 2008) ([A]ll motions not already granted and not resolved herein are denied.) Rulings on motions require no further explication, Fed R. Civ. P. 52(a)(3), and are clear in context. The one possible issue that might be subject to Fed. R. Civ. P. 52(a) is the Courts conclusion, expressed from the bench on October 23, 2007, that Roche had failed to prove Amgen had engaged in inequitable conduct. On that issue, it suffices to state that the Court was persuaded by Amgens evidence on the point and does not find Roches contrary conclusions credible." (Paine, Matthew)
October 30, 2008 Filing 1764 MOTION to Make Findings Under Fed R. Civ. P. 52 and Motion for New Trial Under Fed. R. Civ. P. 59 Regarding Judgment Related to '933 Claims 11 and 14 by Amgen Inc..(Gottfried, Michael)
October 30, 2008 Filing 1763 MOTION Pursuant to Rules 52(a) and 52(b) for Entry of Findings of Fact and Conclusions of Law Relating to Inequitable Conduct by Amgen Inc..(Gottfried, Michael)
October 30, 2008 Filing 1762 MOTION to Withdraw pro hac vice admission of Kathleen McDermott by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(McDermott, Kathleen)
October 24, 2008 Filing 1761 Supplemental Record on Appeal transmitted to US Court of Appeals for the Federal Circuit re 1748 Notice of Appeal to the Federal Circuit, Documents included: 1758 Supplemental Notice of Appeal (Ramos, Jeanette)
October 24, 2008 Filing 1760 MANDATE of USCA as to 1703 Notice of Appeal to the Federal Circuit filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH. This cause having been heard and considered, it is ORDERED and ADJUDGED. AFFIRMED. Mandate issued in the USCA 10/21/2008 (Attachments: # 1 attachment)(Ramos, Jeanette)
October 21, 2008 Opinion or Order Filing 1759 ORDER of USCA for the Federal Circuit as to 1747 Notice of Appeal, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH. Issued in the USCA for the Federal Circuit 9/30/2008. (Ramos, Jeanette)
October 21, 2008 Filing 1758 Supplemental NOTICE OF APPEAL to the Federal Circuit by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. Filing fee $ 455, receipt number 01010000000002157728. Appeal Record due by 11/10/2008. (Bromberg, Lee)
October 21, 2008 Filing 1757 USCA Case Number 09-1020 for 1748 Notice of Appeal to the Federal Circuit, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH. (Ramos, Jeanette)
October 17, 2008 Filing 1756 Judge William G. Young: ORDER entered. JUDGMENT in favor of Plaintiff against Defendants(Smith, Bonnie)
October 17, 2008 Case Reopened (Smith, Bonnie)
October 16, 2008 Filing 1755 MOTION for Leave to File a Reply to Amgen's Opposition to Roche's Motion to Reopen Case for Entry of Final Judgment by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1 - Proposed Reply, # 2 Exhibit A)(Toms, Keith)
October 14, 2008 Filing 1754 NOTICE OF MANUAL FILING by Amgen Inc. of Exhibit C to Amgen's Opposition to Roche's Motion for Immediate Entry of Final Judgment (Gottfried, Michael)
October 14, 2008 Filing 1753 Opposition re 1750 MOTION to Reopen Case For Entry of Final Judgment filed by Amgen Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gottfried, Michael)
October 14, 2008 Filing 1752 DECLARATION re 1750 MOTION to Reopen Case For Entry of Final Judgment (by Keith E. Toms) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Toms, Keith)
October 14, 2008 Filing 1751 MEMORANDUM in Support re 1750 MOTION to Reopen Case For Entry of Final Judgment filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Toms, Keith)
October 14, 2008 Filing 1750 MOTION to Reopen Case For Entry of Final Judgment by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Toms, Keith)
October 9, 2008 Filing 1749 Certified and Transmitted Notice of Appeal, Docket Sheet, Memorandum and Order to US Court of Appeals For the Federal Circuit re 1748 Notice of Appeal to the Federal Circuit, (Ramos, Jeanette)
October 6, 2008 Notice of correction to docket made by Court staff. Correction: Docket Entry 1747 Notice of Appeal Corrected Because: The Appeal Was Filed Under the Wrong Event in CM/ECF and was Refiled Under the Corrected Event, Notice of Appeal to the Federal Circuit. See Docket Entry 1748 for the Notice of Appeal to the Federal Circuit. (Paine, Matthew)
October 6, 2008 Filing 1748 NOTICE OF APPEAL to the Federal Circuit by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..Filing fee $ 455, receipt number 01010000000002138765 NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 10/27/2008. (Paine, Matthew)
October 6, 2008 Filing 1747 NOTICE OF APPEAL by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Filing fee $ 455, receipt number 01010000000002138765 NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Appeal Record due by 10/27/2008. (Fleming, Thomas)
October 2, 2008 E-Mail Notice originally issued on 10/2/08 returned as undeliverable. Name of Addressee: Deborah Fishman. The ECF Help Desk has contacted the law firm on record, who advised that the attorney is no longer employed by that firm. The attorneys email address has been removed from the database to prevent the return of additional undeliverable email notices. (Hassett, Kathy)
October 2, 2008 E-Mail Notice originally issued on 10/2/08 returned as undeliverable. Name of Addressee: Nicole Gage. The ECF Help Desk has contacted the law firm on record, who advised that the attorney is no longer employed by that firm. The attorneys email address has been removed from the database to prevent the return of additional undeliverable email notices. (Hassett, Kathy)
October 2, 2008 Civil Case Administratively Closed. (Paine, Matthew)
October 2, 2008 Filing 1746 Judge William G. Young: ORDER entered. MEMORANDUM AND ORDER(Paine, Matthew)
June 17, 2008 ELECTRONIC NOTICE issued requesting courtesy copy for 1745 Declaration,,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew)
June 16, 2008 Filing 1745 DECLARATION re 1744 Response by Linda A. Sasaki-Baxley In Support of Amgen, Inc.'s Response to Roche's May 29, 2008 Proposal by Amgen Inc.. (Attachments: # 1 Exhibit 1 (part 1), # 2 Exhibit 1 (part 2), # 3 Exhibit 1 (part 3), # 4 Exhibit 1 (part 4), # 5 Exhibit 1 (part 5), # 6 Exhibit 1 (part 6), # 7 Exhibit 1 (part 7), # 8 Exhibit 1 (part 8), # 9 Exhibit 2 (part 1), # 10 Exhibit 2 (part 2), # 11 Exhibit 2 (part 3), # 12 Exhibit 2 (part 4), # 13 Exhibit 2 (part 5), # 14 Exhibit 3)(Gottfried, Michael)
June 16, 2008 Filing 1744 Response by Amgen Inc. to 1743 Proposed Document(s) submitted, Proposed Document(s) submitted. (Gottfried, Michael)
May 29, 2008 Filing 1743 Proposed Document(s) submitted by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. Document received: Roche's Proposal in Satisfaction of the Court's Terms for Making MIRCERA Available to American Patients in Lieu of a Permanent Injunction. (Toms, Keith)
April 30, 2008 Filing 1742 Supplemental Record on Appeal transmitted to US Court of Appeals for the Federal Circuit re 1703 Notice of Appeal to the Federal Circuit Documents included: 121, 445, 613, 631, 1284, 1341, 1467, 1484, 1542, 1488, 1666, 1707 (Ramos, Jeanette)
April 29, 2008 Filing 1741 TRANSCRIPT of Jury Trial Day Nine held on September 24, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1740 TRANSCRIPT of Evidentiary Hearing In Re: Remedy Phase (Day Four) held on December 7, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1739 TRANSCRIPT of Evidentiary Hearing In Re: Remedy Phase (Day Three) held on December 6, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1738 TRANSCRIPT of Evidentiary Hearing In Re: Remedy Phase held on December 5, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1737 TRANSCRIPT of Evidentiary Hearing In Re: Remedy Phase held on November 15, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1736 TRANSCRIPT of Scheduling Conference held on October 30, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1735 TRANSCRIPT of Jury Trial Day Twenty Four held on October 23, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1734 TRANSCRIPT of Jury Trial Day Twenty Three held on October 22, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1733 TRANSCRIPT of Jury Trial Day Twenty Two held on October 19, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1732 TRANSCRIPT of Hearing In Re: Inequitable Conduct held on October 18, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1731 TRANSCRIPT of Jury Trial Day Twenty One held on October 18, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1730 TRANSCRIPT of Jury Trial Day Twenty held on October 17, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1729 TRANSCRIPT of Jury Trial Day Nineteen held on October 16,2 007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1728 TRANSCRIPT of Jury Trial Day Eighteen held on October 15, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1727 TRANSCRIPT of Jury Charge Conference held on October 10, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1726 TRANSCRIPT of Hearing In re: Obviousness - Type Double Patenting - Day Two held on October 4, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1725 TRANSCRIPT of Jury Trial Day Seventeen held on October 4, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1724 TRANSCRIPT of Jury Trial Day Sixteen held on October 3, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1723 TRANSCRIPT of Jury Trial Day Fifteen held on October 2, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1722 TRANSCRIPT of Hearing in re: Obviousness - Type Double Patenting held on October 1, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1721 TRANSCRIPT of Jury Trial Day Fourteen held on October 1, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1720 TRANSCRIPT of Jury Trial Day Thirteen held on September 28, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1719 TRANSCRIPT of Jury Trial Day Twelve held on September 27, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1718 TRANSCRIPT of Jury Trial Day Eleven held on September 26, 2007 before Judge Young. Court Reporter: Donald E, Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1717 TRANSCRIPT of Jury Trial Day Ten held on September 25, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1716 TRANSCRIPT of Jury Trial Day Eight held on September 14, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1715 TRANSCRIPT of Jury Trial Day Seven held on September 12, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1714 TRANSCRIPT of Jury Trial Day Six held on September 11, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1713 TRANSCRIPT of Jury Trial Day Five held on September 10, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1712 TRANSCRIPT of Jury Trial Day Four held on September 7, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1711 TRANSCRIPT of Jury Trial - Day Three held on September 6, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1710 TRANSCRIPT of Jury Trial - Day Two held on September 5, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 28, 2008 Filing 1709 TRANSCRIPT of Jury Trial Day One held on September 4, 2007 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 23, 2008 Filing 1708 TRANSCRIPT ORDER FORM Identifying Transcripts in Connection With Roche's Notice of Appeal 1703 Filed on April 9, 2008 by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. for proceedings held on 5/10/2006-4/2/2008 before Judge William G. Young.. (Huston, Julia)
April 23, 2008 Filing 1707 NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. re 1703 Notice of Appeal to the Federal Circuit List of Court Orders Identified in Notice of Appeal Filed by Roche on April 9, 2008 (Huston, Julia)
April 18, 2008 Judge William G. Young: Electronic ORDER entered re 1693 MOTION for Permanent Injunction OR, IN THE ALTERNATIVE, LEAVE TO SUPPLEMENT ITS COMPLAINT UNDER FED. R. CIV. P. 15(d). "Motion denied as beyond the subject matter jurisdiction of this Court in view of the pendency of the appeal." (Paine, Matthew)
April 17, 2008 Filing 1706 USCA Case Number 08-1300 for 1703 Notice of Appeal to the Federal Circuit filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH. (Ramos, Jeanette)
April 11, 2008 Filing 1705 Certified and Transmitted Notice of Appeal, Docket Sheet, Document #'s 613, 1542, 1670, 1671, 1673, 1674, 1675, 1689 to US Court of Appeals for the Federal Circuit re 1703 Notice of Appeal to the Federal Circuit (Ramos, Jeanette)
April 10, 2008 Filing 1704 NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. of Filing of Joint Submission of Candidates Pursuant to Court's Order for Appointment of a Special Master on March 26, 2008 (Bromberg, Lee)
April 9, 2008 Filing 1703 NOTICE OF APPEAL to the Federal Circuit by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. Filing fee $ 455, receipt number 01010000000001920895. Appeal Record due by 4/29/2008. (Bromberg, Lee)
April 9, 2008 Filing 1702 Opposition re 1693 MOTION for Permanent Injunction OR, IN THE ALTERNATIVE, LEAVE TO SUPPLEMENT ITS COMPLAINT UNDER FED. R. CIV. P. 15(d) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Toms, Keith)
April 7, 2008 Filing 1701 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to Amgen's Bench Memorandum Regarding Pfizer, Inc. v. Teva Pharmaceuticals USA, Inc., No. 2007-1271 (Fed. Cir. March 7, 2008). (Bromberg, Lee)
April 3, 2008 Filing 1700 TRANSCRIPT of Telephone Conference held on April 2, 2008 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
April 2, 2008 Judge William G. Young: Electronic ORDER entered granting 1699 Motion for telephone conference (Smith, Bonnie)
April 2, 2008 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Telephone Conference held on 4/2/2008. The Court Denies the request to extend the time for appeal. (Court Reporter: Womack.)(Attorneys present: Day,Whiteford,Fleming,Ben-Ami) (Smith, Bonnie)
April 1, 2008 Filing 1699 Emergency MOTION for a Teleconference with the Court Before Roche's April 10, 2008 Deadline to File a Notice of Appeal to Avoid the Possibility of Loss of Jurisdiction Over the Preliminary Injunction Order by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Seluga, Kimberly)
April 1, 2008 Filing 1698 Opposition re 1695 MOTION to Strike Amgen's "Data from Secondary Sources" in Support of Amgen's Request for Permanent Injunctive Relief (D.N. 1683), the Declaration of William G. Gaede, III, in Support of Amgen's "Data from Secondary Sou MOTION to Strike Amgen's "Data from Secondary Sources" in Support of Amgen's Request for Permanent Injunctive Relief (D.N. 1683), the Declaration of William G. Gaede, III, in Support of Amgen's "Data from Secondary Sou MOTION to Strike Amgen's "Data from Secondary Sources" in Support of Amgen's Request for Permanent Injunctive Relief (D.N. 1683), the Declaration of William G. Gaede, III, in Support of Amgen's "Data from Secondary Sou AND ALTERNATIVE CROSS MOTION TO STRIKE THE DECLARATION OF PETER FRATANGELO IN SUPPORT OF ROCHE'S MEMORANDUM IN SUPPORT OF THIS COURT MODIFYING THE PRELIMINARY INJUNCTION AND STATISFYING THE COURT'S CONDITIONS TO HAVE MIRCERA AVAILABLE FOR AMERICAN PATIENTS (D.N. 1685) filed by Amgen Inc.. (Gottfried, Michael)
April 1, 2008 Filing 1697 Opposition re 1691 MOTION to Strike the Declarations of B. Douglas Bernheim, Ph.D (D.N. 1680) and John A. Lubina, Ph.D (D.N. 1681) filed by Amgen Inc.. (Gottfried, Michael)
March 31, 2008 Filing 1696 NOTICE of Withdrawal of Appearance by Kregg T. Brooks (Brooks, Kregg)
March 26, 2008 Filing 1695 MOTION to Strike Amgen's "Data from Secondary Sources" in Support of Amgen's Request for Permanent Injunctive Relief (D.N. 1683), the Declaration of William G. Gaede, III, in Support of Amgen's "Data from Secondary Sources" in Support of Amgen's Request for Permanent Injunctive Relief (D.N. 1687 and 1688), and the Declaration of Linda A. Sasaki-Baxley in Support of Amgen Inc.'s Brief in Suppurt of Permanent Injunctive Relief (D.N. 1682) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Seluga, Kimberly)
March 26, 2008 Filing 1694 MEMORANDUM in Support re 1693 MOTION for Permanent Injunction OR, IN THE ALTERNATIVE, LEAVE TO SUPPLEMENT ITS COMPLAINT UNDER FED. R. CIV. P. 15(d) filed by Amgen Inc.. (Gottfried, Michael)
March 26, 2008 Filing 1693 MOTION for Permanent Injunction OR, IN THE ALTERNATIVE, LEAVE TO SUPPLEMENT ITS COMPLAINT UNDER FED. R. CIV. P. 15(d) by Amgen Inc..(Gottfried, Michael)
March 26, 2008 Filing 1692 Judge William G. Young: ORDER entered. "Before the Court is Amgen's request for a permanent injunctive relief barring the sale of Mircera in the United States for the life of the patents in suit found to be infringed. The Court continues to grapple with complex issues related to Amgen's request. Per a discussion with counsel at the post trial oral arguments held on February 28, 2008, the Court now orders the appointment of a special master to make recommended findings regarding price parity as well as the respective dose conversion ratios for Micera and Epogen. The parties shall have 15 days to submit to the Court a list of agreed upon candidates, and the special master shall have 60 days from the date of appointment to make the requested findings." SO ORDERED... (Paine, Matthew)
March 25, 2008 Filing 1691 MOTION to Strike the Declarations of B. Douglas Bernheim, Ph.D (D.N. 1680) and John A. Lubina, Ph.D (D.N. 1681) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Seluga, Kimberly)
March 18, 2008 Filing 1690 Objection to 1669 Memorandum in Support of Motion, by Amgen Inc. = Amgens Objection To Roche's Opposition And Counter-Proposal (D.N. 1669) Of Findings Of Fact And Conclusions Of Law Relating To Roches Failure To Prove Inequitable Conduct [LEAVE TO FILE GRANTED ON 03/18/2008]. (Gottfried, Michael)
March 18, 2008 Filing 1689 Judge William G. Young: ORDER entered re 1686 Emergency Motion for 10-Day Extension of Time to File a Notice of Appeal. "It is hereby ORDERED that Defendant's time to file its notice of appeal from the February 29, 2008 issuance of the preliminary injunction be extended for 10 days from March 31, 2008 to April 10, 2008." (Paine, Matthew)
March 18, 2008 Judge William G. Young: Electronic ORDER entered granting 1678 MOTION for Leave to File to File Objection to Roche's Opposition and Counter-Proposal (D.N. 1669) of Findings of Fact and Conclusions of Law Relating to Roche's Failure to Prove Inequitable Conduct; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
March 17, 2008 Filing 1688 EXHIBIT re 1687 Declaration, = EXHIBITS 16-25 TO THE DECLARATION OF WILLIAM G. GAEDE, III (DOCKET NUMBER 1687) by Amgen Inc.. (Attachments: # 1 Exhibit 17, # 2 Exhibit 18, # 3 Exhibit 19, # 4 Exhibit 20, # 5 Exhibit 21, # 6 Exhibit 22, # 7 Exhibit 23, # 8 Exhibit 24, # 9 Exhibit 25)(Gottfried, Michael)
March 17, 2008 Filing 1687 DECLARATION re 1683 Brief OF 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, # 7 Exhibit 7, # 8 Errata 8, # 9 Exhibit 9 (part 1 of 2), # 10 Exhibit 9 (part 2 of 2), # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15)(Gottfried, Michael)
March 17, 2008 Filing 1686 MOTION for Extension of Time to April 10, 2008 to File a Notice of Appeal (Emergency Motion for 10-Day Extension of Time to File a Notice of Appeal) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Seluga, Kimberly)
March 17, 2008 Filing 1685 DECLARATION re 1684 Brief, in Support of This Court Modifying the Preliminary Injunction and Satisfying the Courts Conditions to Have MIRCERA Available for American Patients (Declaration of Peter Fratangelo) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 (part 1 of 2), # 6 Exhibit 5 (part 2 of 2), # 7 Exhibit 6)(Seluga, Kimberly)
March 17, 2008 Filing 1684 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. in Support of This Court Modifying the Preliminary Injunction and Satisfying the Courts Conditions to Have MIRCERA Available for American Patients. (Seluga, Kimberly)
March 17, 2008 Filing 1683 BRIEF by Amgen Inc. to 1679 Brief = DATA FROM SECONDARY SOURCES. (Gottfried, Michael)
March 17, 2008 Filing 1682 DECLARATION re 1679 Brief OF LINDA A. SASAKI-BAXLEY by Amgen Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Errata 14, # 15 Exhibit 15)(Gottfried, Michael)
March 17, 2008 Filing 1681 DECLARATION re 1679 Brief OF JOHN A. LUBINA, PH.D. by Amgen Inc.. (Gottfried, Michael)
March 17, 2008 Filing 1680 DECLARATION re 1679 Brief OF B. DOUGLAS BERNHEIM, PH.D. by Amgen Inc.. (Gottfried, Michael) (Additional attachment(s) added on 3/21/2008: # 1 Corrected Bernheim Declaration) (Paine, Matthew).
March 17, 2008 Filing 1679 BRIEF by Amgen Inc. In Support of Permanent Injunctive Relief. (Gottfried, Michael)
March 17, 2008 Filing 1678 MOTION for Leave to File to File Objection to Roche's Opposition and Counter-Proposal (D.N. 1669) of Findings of Fact and Conclusions of Law Relating to Roche's Failure to Prove Inequitable Conduct by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
March 14, 2008 Filing 1677 BRIEF by Amgen Inc. = Bench Memorandum Regarding Pfizer, Inc. v. Teva Pharmaceuticals USA, Inc., No. 2007-1271 (Fed. Cir. March 7, 2008). (Attachments: # 1 Exhibit A)(Gottfried, Michael)
March 3, 2008 Filing 1676 TRANSCRIPT of Motion Hearing held on February 28, 2008 before Judge Young. Court Reporter: Donald E. Womack. The original transcripts are maintained by the Clerk's Office. Copies may be obtained by contacting the court reporter at womack@megatran.com or the Clerk's Office. (Scalfani, Deborah)
February 29, 2008 Filing 1675 Judge William G. Young: ORDER and PRELIMINARY INJUNCTION, entered.(Smith, Bonnie)
February 29, 2008 Judge William G. Young: Electronic ORDER entered denying 1668 MOTION to Strike 1653 Proposed Findings of Fact And Conclusion of Law Relating to Roche's Failure to Prove Inequitable Conduct. (Paine, Matthew)
February 29, 2008 Judge William G. Young: Electronic ORDER entered denying 1666 Motion TO DRAW AN INFERENCE OF NO IRREPARABLE HARM AND THAT MONETARY DAMAGES ARE ADEQUATE BASED ON AMGEN AND ORTHO'S BELATEDLY DISCLOSED AND UNPRODUCED DAMAGES AGREEMENT (Emergency Motion). (Paine, Matthew)
February 29, 2008 Judge William G. Young: Electronic ORDER entered denying 1665 MOTION for Leave to File Publicly a Letter from FDA to Amgen that is Allegedly Confidential to Amgen in Support of Roche's Response to Amgen's Post-Trial Brief for the Remedy Phase, or, in the Alternative, for the Court to Draw an Inference as to What the Letter Shows. (Paine, Matthew)
February 28, 2008 Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 2/28/2008 re 1623 MOTION for New Trial and Judgment of Literal Infringement of Claims 9 and 12 of the '933 Patent, Alternative Motion to Reinstate Verdict of Infringement of '933 Claim 12 Under the Doctrine of Equivalents, and Motion for New Trial on Infri filed by Amgen Inc., 1624 MOTION for Judgment as a Matter of Law In Favor Of Roche On Obviousness-Type Double Patenting Theories 3 and 4 filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, 1618 MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH BEFORE HEARING argument, the Court makes some preliminary rulings.The Court rules for Amgen on Obviousness and Double patenting. The Court rules the jury verdict is appropriate. The Court hears from the Defendant and the Plaintiff. The Court takes the matter UNDER ADVISEMENT but offers to come back on the bench at 2PM for further hearing. 2:00 PM HEARING....With respect to the Judgment notwithstanding the verdict and new trial motions the Court rules denying 1482 Motion for Judgment as a Matter of Law; denying 1623 Motion for New Trial; denying 1624 Motion for Judgment as a Matter of Law; With Respect to the Remedy Phase, the Court enters a PRELIMINARY INJUNCTION and makes FINDINGS as follows: 1) There is a likelihood of Amgen's success2) anything other than a permanent injunction on entry of final judgment would inadequately compensate Amgen,therefore it would do irreparable harm to Amgen.3) There would be a hardship to Amgen.4) as to the issue of whether a permanent injunction would cause a disservice to the public interest, upon the record before the Court now, the Court preliminary enjoins Roche. The Court is considering that within 30 days a modification of the preliminary injunction. Counsel have 2 weeks from 3/3/08 to file further briefs re: issue of modification. The Court ORDERS ROCHE PRELIMINARY ENJOINED. See transcript for details. An order to issue. (Court Reporter: Womack.)(Attorneys present: Day, Ben-Ami) (Smith, Bonnie)
February 28, 2008 Filing 1674 DECLARATION re 1673 Opposition to Motion, OF LINDA A. SASAKI-BAXLEY by Amgen Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Gottfried, Michael) (Additional attachment(s) added on 3/3/2008: # 3 Corrected Exhibit B - Part 1, # 4 Corrected Exhibit B - Part 2, # 5 Corrected Exhibit B - Part 3, # 6 Corrected Exhibit B - Part 4) (Paine, Matthew).
February 28, 2008 Filing 1673 Opposition re 1666 MOTION TO DRAW AN INFERENCE OF NO IRREPARABLE HARM AND THAT MONETARY DAMAGES ARE ADEQUATE BASED ON AMGEN AND ORTHO'S BELATEDLY DISCLOSED AND UNPRODUCED DAMAGES AGREEMENT (Emergency Motion) MOTION TO DRAW AN INFERENCE OF NO IRREPARABLE HARM AND THAT MONETARY DAMAGES ARE ADEQUATE BASED ON AMGEN AND ORTHO'S BELATEDLY DISCLOSED AND UNPRODUCED DAMAGES AGREEMENT (Emergency Motion) filed by Amgen Inc.. (Gottfried, Michael)
February 28, 2008 Filing 1672 Response by Amgen Inc. to 1661 Reply to Response to Motion,, Amgen's Response to Appendix B to Roche's Reply to Amgen's Oppositionto Roche's Post-Trial Motion for Judgment as a Matter of Law or New Trial. (Attachments: # 1 Appendix B)(Rich, Patricia)
February 28, 2008 Filing 1671 AFFIDAVIT in Support re 1670 Opposition to Motion,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rich, Patricia)
February 28, 2008 Filing 1670 Opposition re 1665 MOTION for Leave to File Publicly a Letter from FDA to Amgen that is Allegedly Confidential to Amgen in Support of Roche's Response to Amgen's Post-Trial Brief for the Remedy Phase, or, in the Alternative, for the Court to Draw an Inferen ce as to What the Letter Shows filed by Amgen Inc.. (Rich, Patricia)
February 27, 2008 Filing 1669 MEMORANDUM in Support re 1668 MOTION to Strike 1653 Proposed Findings of Fact And Conclusion of Law Relating to Roche's Failure to Prove Inequitable Conduct and, Alternatively, Roche's Opposition and Counter-Proposal to Amgen's Proposal filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Toms, Keith)
February 27, 2008 Filing 1668 MOTION to Strike 1653 Proposed Findings of Fact And Conclusion of Law Relating to Roche's Failure to Prove Inequitable Conduct by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Toms, Keith)
February 27, 2008 Filing 1667 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1659 Amicus brief filed, by Ortho Biotech Products. (Seluga, Kimberly)
February 27, 2008 Filing 1666 MOTION TO DRAW AN INFERENCE OF NO IRREPARABLE HARM AND THAT MONETARY DAMAGES ARE ADEQUATE BASED ON AMGEN AND ORTHO'S BELATEDLY DISCLOSED AND UNPRODUCED DAMAGES AGREEMENT (Emergency Motion) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Seluga, Kimberly)
February 27, 2008 Filing 1665 MOTION for Leave to File Publicly a Letter from FDA to Amgen that is Allegedly Confidential to Amgen in Support of Roche's Response to Amgen's Post-Trial Brief for the Remedy Phase, or, in the Alternative, for the Court to Draw an Inference as to What the Letter Shows by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Brooks, Kregg)
February 26, 2008 Filing 1664 DECLARATION re 1662 Response to Amgen's Post-Trial Brief for the Remedy Phase and Response to Defendants' January 28, 2008 Proposal (by Peter Fratangelo) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Bromberg, Lee)
February 26, 2008 Filing 1663 DECLARATION re 1662 Response to Amgen's Post-Trial Brief for the Remedy Phase and Response to Defendants' January 28, 2008 Proposal (by Einer Elhauge) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Bromberg, Lee)
February 26, 2008 Filing 1662 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1656 Brief -Response to Amgen's Post-Trial Brief for the Remedy Phase and Response to Defendants' January 28, 2008 Proposal. (Bromberg, Lee)
February 26, 2008 Filing 1661 REPLY to Response to 1618 MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial (Leave Granted to File on February 26, 2008) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)(Bromberg, Lee)
February 26, 2008 Judge William G. Young: Electronic ORDER entered granting 1660 MOTION for Leave to File Reply to Amgen's Opposition to Roche's Post-Trial Motion (DN 1618) for Judgment as a Matter of Law or New Trial; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
February 26, 2008 Filing 1660 MOTION for Leave to File Reply to Amgen's Opposition to Roche's Post-Trial Motion (DN 1618) for Judgment as a Matter of Law or New Trial by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A - Proposed Reply to Amgen's Opposition to Roche's Post-Trial Motion for Judgment as a Matter of Law or New Trial, # 2 Appendix A to Proposed Reply, # 3 Appendix B to Proposed Reply)(Bromberg, Lee)
February 25, 2008 Filing 1659 AMICUS BRIEF filed by Ortho Biotech Products, L.P. (Brief of Amicus Curiae Ortho Biotech Products, L.P. in Support of Plaintiff's Request for a Permanent Injunction)(Leave to File Granted on 2/25/08). (Attachments: # 1 Declaration of Harman Avery Grossman, # 2 Declaration of Kim Taylor, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Certificate of Service)(Zalesin, Steven)
February 25, 2008 Judge William G. Young: Electronic ORDER entered granting 1658 MOTION for Leave to File Brief of Amicus Curiae in Support of Amgen's Request for a Permanent Injunction; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
February 21, 2008 Filing 1658 MOTION for Leave to File Brief of Amicus Curiae in Support of Amgen's Request for a Permanent Injunction by Ortho Biotech Products, L.P.. (Attachments: # 1 Proposed Brief of Amicus Curiae Ortho Biotech Products, L.P. in Support of Plaintiff's Request for a Permanent Injunction, # 2 Exhibit 1 to Proposed Amicus Brief, # 3 Exhibit 2 to Proposed Amicus Brief, # 4 Exhibit 3 to Proposed Amicus Brief, # 5 Exhibit 4 to Proposed Amicus Brief, # 6 Exhibit 5 to Proposed Amicus Brief, # 7 Exhibit 6 to Proposed Amicus Brief, # 8 Exhibit 7 to Proposed Amicus Brief, # 9 Declaration of Harman Avery Grossman, # 10 Declaration of Kim Taylor, # 11 Certificate of Service)(Zalesin, Steven)
February 19, 2008 ELECTRONIC NOTICE issued requesting courtesy copy for 1646 Opposition to Motion, 1638 Opposition to Motion, 1655 Reply to Response to Motion, 1649 Opposition to Motion,, 1639 Declaration, 1656 Brief, 1657 Declaration, 1647 Memorandum in Opposition to Motion, 1651 Brief, 1653 Proposed Findings of Fact, 1650 Declaration,,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew)
February 19, 2008 Filing 1657 DECLARATION re 1656 Brief OF B. DOUGLAS BERNHEIM, PH.D. by Amgen Inc.. (Gottfried, Michael)
February 19, 2008 Filing 1656 BRIEF by Amgen Inc. FOR THE REMEDY PHASE AND RESPONSE TO DEFENDANTS' JANUARY 28, 2008 PROPOSAL. (Gottfried, Michael)
February 13, 2008 Filing 1655 REPLY to Response to 1623 MOTION for New Trial and Judgment of Literal Infringement of Claims 9 and 12 of the '933 Patent, Alternative Motion to Reinstate Verdict of Infringement of '933 Claim 12 Under the Doctrine of Equivalents, and Motion for New Trial on Infri (LEAVE TO FILE GRANTED ON 02-13-2008) filed by Amgen Inc.. (Gottfried, Michael)
February 13, 2008 Judge William G. Young: Electronic ORDER entered granting 1654 MOTION for Leave to File A Reply in Support of Its Motion for New Trial and Judgment of Literal Infringement of Claims 9 and12 of '933 Patent, Alternative Motion to Reinstate the Verdict of Infringement of '933 Claim 12 Under the Doctrine of Equivalents, and Motion for New Trial on Infringement of '349 Claim 7; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
February 11, 2008 Filing 1654 MOTION for Leave to File A Reply in Support of Its Motion for New Trial and Judgment of Literal Infringement of Claims 9 and12 of '933 Patent, Alternative Motion to Reinstate the Verdict of Infringement of '933 Claim 12 Under the Doctrine of Equivalents, and Motion for New Trial on Infringement of '349 Claim 7 by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
February 8, 2008 Filing 1653 Proposed Findings of Fact by Amgen Inc.. (Gottfried, Michael)
February 8, 2008 Filing 1652 NOTICE of Withdrawal of Appearance by Vladimir Drozdoff (Drozdoff, Vladimir)
February 4, 2008 Judge William G. Young: Electronic ORDER entered finding as moot 331 Motion to Compel; finding as moot 345 Motion ; finding as moot 346 Motion to Compel; finding as moot 352 Motion for Leave to File; ; finding as moot 387 Motion for Leave to File; ; finding as moot 449 Motion ; finding as moot 538 Motion for Extension of Time; finding as moot 555 Motion ; denying 652 Motion ; denying 657 Motion ; denying 720 Motion to Strike ; denying 727 Motion (Smith, Bonnie)
January 28, 2008 Filing 1651 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. - Memorandum in Support of Roche's Proposal Pursuant to the Court's Instruction of December 7, 2007. (Attachments: # 1 Appendix A)(Bromberg, Lee)
January 25, 2008 Filing 1650 DECLARATION re 1649 Opposition to Motion,, BY JONATHAN D. LOEB IN SUPPORT OF AMGEN INC.'S OPPOSITION TO ROCHE'S POST-TRIAL MOTION (D.N. 1618) FOR JUDGMENT AS A MATTER OF LAW OR NEW TRIAL by Amgen Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 (part 1 of 2), # 8 Exhibit 7 (part 2 of 2), # 9 Exhibit 8 (part 1 of 5), # 10 Exhibit 8 (part 2 of 5), # 11 Exhibit 8 (part 3 of 5), # 12 Exhibit 8 (part 4 of 5), # 13 Exhibit 8 (part 5 of 5), # 14 Exhibit 9 (part 1 of 2), # 15 Exhibit 9 (part 2 of 2))(Gottfried, Michael)
January 25, 2008 Filing 1649 Opposition re 1618 MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial filed by Amgen Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B)(Gottfried, Michael)
January 25, 2008 Filing 1648 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1566 Brief - Amgen's Proposed Findings of Fact and Conclusions of Law Regarding No Obviousness-Type Double Patenting. (Bromberg, Lee)
January 25, 2008 Filing 1647 MEMORANDUM in Opposition re 1623 MOTION for New Trial and Judgment of Literal Infringement of Claims 9 and 12 of the '933 Patent, Alternative Motion to Reinstate Verdict of Infringement of '933 Claim 12 Under the Doctrine of Equivalents, and Motion for New Trial on Infri ngement of '349 Claim 7 filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Bromberg, Lee)
January 25, 2008 Filing 1646 Opposition re 1624 MOTION for Judgment as a Matter of Law In Favor Of Roche On Obviousness-Type Double Patenting Theories 3 and 4 filed by Amgen Inc.. (Gottfried, Michael)
January 22, 2008 Judge William G. Young: Electronic ORDER entered denying 1633 MOTION to Strike the Trial Testimony and Expert Reports of Amgen's Experts John Lubina and Glenn Chertow. (Paine, Matthew)
January 18, 2008 Filing 1645 DECLARATION re 1644 Opposition to Motion BY SUSAN M. KRUMPLITSCH by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
January 18, 2008 Filing 1644 Opposition re 1633 MOTION to Strike the Trial Testimony and Expert Reports of Amgen's Experts John Lubina and Glenn Chertow filed by Amgen Inc.. (Gottfried, Michael)
January 18, 2008 Filing 1643 NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. re 1620 Declaration,, -Supplemental Notice of Filing with Clerk's Office of Exhibits to Declaration of Kregg T. Brooks in Support of Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Roche's Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial (Brooks, Kregg)
January 18, 2008 Filing 1642 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1632 Brief Regarding Inapplicability of Patent Misuse to the Facts of This Case. (Brooks, Kregg)
January 14, 2008 ELECTRONIC NOTICE of Hearing on Motion 1618 MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial, 1623 MOTION for New Trial and Judgment of Literal Infringement of Claims 9 and 12 of the '933 Patent, Alternative Motion to Reinstate Verdict of Infringement of '933 Claim 12 Under the Doctrine of Equivalents, and Motion for New Trial on Infri : Motion Hearing set for 2/28/2008 02:00 PM before Judge William G. Young. (Smith, Bonnie)
January 14, 2008 Judge William G. Young: Electronic ORDER entered re 1622 Motion Roche's Motion For The Court To Draw an Inference in Roches Favor As To What Documents Withheld By Amgen Show, Or, In The Alternative, For Leave To Publicly File Documents In Support of Roches JMOL Motion That Are Allegedly Confidential To Amgen. "The Court will draw no such inference. The Court appreciates the parties efforts to agree upon redactions.All documents are to be filed with the Court as public records. The protocol for exhibits admitted during the course of the trial is well established." (Paine, Matthew)
January 11, 2008 Filing 1641 REPLY to Response to Motion re 1622 MOTION Roche's Motion For The Court To Draw an Inference in Roches Favor As To What Documents Withheld By Amgen Show, Or, In The Alternative, For Leave To Publicly File Documents In Support of Roches JMOL Motion That Are Allegedly Confidential To (Leave to File Granted January 11, 2008) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Huston, Julia)
January 11, 2008 Judge William G. Young: Electronic ORDER entered granting 1640 MOTION for Leave to File Reply in Support of Motion (D.N. 1622); Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
January 11, 2008 Filing 1640 MOTION for Leave to File Reply in Support of Motion (D.N. 1622) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit Roche's [Proposed] Reply in Further Support of Its Motion for the Court to Draw an Inference in Roche's Favor as to What Documents Withheld by Amgen Show, or, in the Alternative, for Leave to Publicly File Doucments in Support of Roche's JMOL Motion)(Huston, Julia)
January 10, 2008 Judge William G. Young: Electronic ORDER entered granting 1617 MOTION to Strike 1164 Declaration, of Harvey F. Lodish, Ph.D. Regarding Obviousness-Type Double Patenting. (Paine, Matthew)
January 9, 2008 Filing 1639 DECLARATION re 1638 Opposition to Motion, (= DECLARATION BY PATRICIA R. RICH) by Amgen Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rich, Patricia)
January 9, 2008 Filing 1638 Opposition re 1622 MOTION Roche's Motion For The Court To Draw an Inference in Roches Favor As To What Documents Withheld By Amgen Show, Or, In The Alternative, For Leave To Publicly File Documents In Support of Roches JMOL Motion That Are Allegedly Confidential To Amgen filed by Amgen Inc.. (Rich, Patricia)
January 9, 2008 Filing 1637 Opposition re 1617 MOTION to Strike 1164 Declaration, of Harvey F. Lodish, Ph.D. Regarding Obviousness-Type Double Patenting filed by Amgen Inc.. (Gottfried, Michael)
January 7, 2008 Filing 1636 MEMORANDUM in Opposition re 1284 MOTION for Directed Verdict Regarding Invalidity (LEAVE TO FILE GRANTED ON OCTOBER 18, 2007) filed by Amgen Inc.. (Rich, Patricia)
January 4, 2008 Filing 1635 DECLARATION re 1633 MOTION to Strike the Trial Testimony and Expert Reports of Amgen's Experts John Lubina and Glenn Chertow -of Kregg T. Brooks by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Brooks, Kregg)
January 4, 2008 Filing 1634 MEMORANDUM in Support re 1633 MOTION to Strike the Trial Testimony and Expert Reports of Amgen's Experts John Lubina and Glenn Chertow filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Brooks, Kregg)
January 4, 2008 Filing 1633 MOTION to Strike the Trial Testimony and Expert Reports of Amgen's Experts John Lubina and Glenn Chertow by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Brooks, Kregg)
January 4, 2008 Judge William G. Young: Electronic ORDER entered re 1606 Motion to Preclude Roche from Introducing Dr. Jeffrey Borer's Inadmissable Testimony and from Disavowing Prior Representations to the Court Regarding FDA Communications. "Motion denied. The Court will review the designations and counter designations of the Borer deposition transcript as though Amgen had submitted it, albeit mindful of Amgen's other objections." (Paine, Matthew)
January 4, 2008 Filing 1632 BRIEF by Amgen Inc. = Bench Memorandum Regarding the Inapplicability of Patent Misuse to the Facts of this Case. (Rich, Patricia)
January 3, 2008 Judge William G. Young: Electronic ORDER entered denying 1612 MOTION to Strike the First Expert Report of Professor Einer Elhauge (Exhibit 42) and to Strike Additional Expert Testimony Due to Lack of Qualification. (Paine, Matthew)
January 3, 2008 Judge William G. Young: Electronic ORDER entered denying 1610 MOTION to Strike the Testimony of Dr. Glenn Chertow Regarding Slide 25. (Paine, Matthew)
January 3, 2008 Judge William G. Young: Electronic ORDER entered. "Denied. The matter has already been fully briefed and argued and is now under advisement." re 1626 MOTION for Hearing re 1624 MOTION for Judgment as a Matter of Law In Favor Of Roche On Obviousness-Type Double Patenting Theories 3 and 4. (Paine, Matthew)
January 3, 2008 Judge William G. Young: Electronic ORDER entered. "Motion DENIED. The protocol on exhibits has been established." re 1613 Motion To Redact Information From Amgen's Admitted Remedy Hearing Exhibits Which Pertains To Roche's Foreign Products And Marketing Strategies And Which Is Not Relevant To This Case. (Paine, Matthew)
December 28, 2007 Filing 1631 Opposition re 1612 MOTION to Strike the First Expert Report of Professor Einer Elhauge (Exhibit 42) and to Strike Additional Expert Testimony Due to Lack of Qualification filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Huston, Julia)
December 27, 2007 Filing 1630 Opposition re 1613 MOTION To Redact Information From Amgen's Admitted Remedy Hearing Exhibits Which Pertains To Roche's Foreign Products And Marketing Strategies And Which Is Not Relevant To This Case filed by Amgen Inc.. (Rich, Patricia)
December 27, 2007 Filing 1629 Opposition re 1610 MOTION to Strike the Testimony of Dr. Glenn Chertow Regarding Slide 25 filed by Amgen Inc.. (Rich, Patricia)
December 26, 2007 Filing 1628 Response by Amgen Inc. to 1556 Proposed Findings of Fact and Conclusions of Law for Bench Trial on Obviousness-Type Double Patenting submitted by Roche on November 6, 2007. (Gottfried, Michael)
December 26, 2007 Filing 1627 MEMORANDUM in Support re 1623 MOTION for New Trial and Judgment of Literal Infringement of Claims 9 and 12 of the '933 Patent, Alternative Motion to Reinstate Verdict of Infringement of '933 Claim 12 Under the Doctrine of Equivalents, and Motion for New Trial on Infri ngement of '349 Claim 7 filed by Amgen Inc.. (Gottfried, Michael)
December 26, 2007 Filing 1626 MOTION for Hearing re 1624 MOTION for Judgment as a Matter of Law In Favor Of Roche On Obviousness-Type Double Patenting Theories 3 and 4 by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Bromberg, Lee)
December 26, 2007 Filing 1625 MEMORANDUM in Support re 1624 MOTION for Judgment as a Matter of Law In Favor Of Roche On Obviousness-Type Double Patenting Theories 3 and 4 filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Bromberg, Lee)
December 26, 2007 Filing 1624 MOTION for Judgment as a Matter of Law In Favor Of Roche On Obviousness-Type Double Patenting Theories 3 and 4 by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Bromberg, Lee)
December 26, 2007 Filing 1623 MOTION for New Trial and Judgment of Literal Infringement of Claims 9 and 12 of the '933 Patent, Alternative Motion to Reinstate Verdict of Infringement of '933 Claim 12 Under the Doctrine of Equivalents, and Motion for New Trial on Infringement of '349 Claim 7 by Amgen Inc..(Gottfried, Michael)
December 26, 2007 Filing 1622 MOTION Roche's Motion For The Court To Draw an Inference in Roches Favor As To What Documents Withheld By Amgen Show, Or, In The Alternative, For Leave To Publicly File Documents In Support of Roches JMOL Motion That Are Allegedly Confidential To Amgen by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Huston, Julia)
December 26, 2007 Filing 1621 NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. re 1620 Declaration,, -Filing with Clerk's Office of Exhibits to Declaration of Kregg T. Brooks in Support of Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial (Bromberg, Lee)
December 26, 2007 Filing 1620 DECLARATION re 1618 MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial -of Kregg T. Brooks by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Bromberg, Lee)
December 26, 2007 Filing 1619 MEMORANDUM in Support re 1618 MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Bromberg, Lee)
December 26, 2007 Filing 1618 MOTION for Judgment as a Matter of Law -Roche's Renewed Motion, Pursuant to Fed. R. Civ. P. 50(b), for Judgment as a Matter of Law and Motion, in the Alternative, Pursuant to Fed. R. Civ. P. 50(b) and 59, for a New Trial by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Bromberg, Lee)
December 26, 2007 Filing 1617 MOTION to Strike 1164 Declaration, of Harvey F. Lodish, Ph.D. Regarding Obviousness-Type Double Patenting by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Brooks, Kregg)
December 21, 2007 Filing 1616 DECLARATION re 1615 Memorandum in Opposition to Motion, to Preclude Introduction of Dr. Jeffrey Borer's Testimony and from Disavowing Prior Representations to the Court Regarding FDA Communications - by Peter Fratangelo by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brooks, Kregg)
December 21, 2007 Filing 1615 MEMORANDUM in Opposition re 1606 MOTION to Preclude Roche from Introducing Dr. Jeffrey Borer's Inadmissable Testimony and from Disavowing Prior Representations to the Court Regarding FDA Communications filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Brooks, Kregg)
December 21, 2007 Filing 1614 BRIEF by Amgen Inc. = Amgen's Bench Memorandum Concerning Post-Trial Briefing for Adjudications on Which Amgen Prevailed. (Gottfried, Michael)
December 20, 2007 Filing 1613 MOTION To Redact Information From Amgen's Admitted Remedy Hearing Exhibits Which Pertains To Roche's Foreign Products And Marketing Strategies And Which Is Not Relevant To This Case by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Rizzo, Nicole)
December 19, 2007 Filing 1612 MOTION to Strike the First Expert Report of Professor Einer Elhauge (Exhibit 42) and to Strike Additional Expert Testimony Due to Lack of Qualification by Amgen Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rich, Patricia)
December 19, 2007 Filing 1611 DECLARATION re 1610 MOTION to Strike the Testimony of Dr. Glenn Chertow Regarding Slide 25 -by Peter Fratangelo by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brooks, Kregg)
December 19, 2007 Filing 1610 MOTION to Strike the Testimony of Dr. Glenn Chertow Regarding Slide 25 by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Brooks, Kregg)
December 19, 2007 Judge William G. Young: Electronic ORDER entered. "The Court allows Amgen's motion for reconsideration as it acted prematurely. Nevertheless, upon reconsideration, the Court adheres to its earlier ruling." re 1607 Opposition re 1600 MOTION TO ADMIT EXHIBITS INTO EVIDENCE FOR THE REMEDY HEARING (REDACTED VERSION) And MOTION for Reconsideration of the Court's December 12, 2007 Order. (Paine, Matthew)
December 19, 2007 Judge William G. Young: Electronic ORDER entered re 1602 Motion for Leave to Subpoena Documents and to Depose Ms. Parsons. "Denied. The Court has read Ms. Parsons deposition but will not rely on it as her individual reactions are simply not probitive to a meaningful comparison of these two drugs." (Paine, Matthew)
December 18, 2007 Filing 1609 DECLARATION re 1608 Memorandum in Opposition to Motion for Leave to Subpoena Documents and to Depose Ms. Parsons-by Christopher T. Jagoe by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Brooks, Kregg)
December 18, 2007 Filing 1608 MEMORANDUM in Opposition re 1602 MOTION for Leave to Subpoena Documents and to Depose Ms. Parsons filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Brooks, Kregg)
December 18, 2007 Filing 1607 Opposition re 1600 MOTION TO ADMIT EXHIBITS INTO EVIDENCE FOR THE REMEDY HEARING (REDACTED VERSION) And MOTION for Reconsideration of the Court's December 12, 2007 Order filed by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
December 18, 2007 Filing 1606 MOTION to Preclude Roche from Introducing Dr. Jeffrey Borer's Inadmissable Testimony and from Disavowing Prior Representations to the Court Regarding FDA Communications by Amgen Inc..(Gottfried, Michael)
December 18, 2007 Judge William G. Young: Electronic ORDER entered. "Amgen's post-hearing motion to admit exhibits is allowed in part and denied in part. The proffered documents are admitted, save for Amgen's post-hearing exhibits: GYN,BFC,EXJ,BFO,GZU,GYZ,GZN,GZV,HAA,GZF,GZP,GYQ,BIB,GZD,HAD,BBP,GYR,GZS. Amgen shall submit two additional binders with the admitted exhibits as soon as possible."(Smith, Bonnie)
December 14, 2007 Filing 1605 NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. DEFENDANTS' NOTICE OF SUBMISSION TO THE COURT OF THE UNREDACTED VERSION OF APPENDIX A TO AMGEN'S MOTION TO ADMIT EXHIBITS INTO EVIDENCE FOR THE INJUNCTION HEARING (Rizzo, Nicole)
December 14, 2007 Filing 1604 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. ROCHES MEMORANDUM IN OPPOSITION TO AMGENS MOTION TO ADMIT EXHIBITS INTO EVIDENCE FOR THE INJUNCTION HEARING (WITH REDACTED APPENDIX A). (Attachments: # 1 Appendix A)(Rizzo, Nicole)
December 14, 2007 Filing 1603 DECLARATION re 1602 MOTION for Leave to Subpoena Documents and to Depose Ms. Parsons OF DEBORAH E. FISHMAN by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Gottfried, Michael)
December 14, 2007 Filing 1602 MOTION for Leave to Subpoena Documents and to Depose Ms. Parsons by Amgen Inc.. (Attachments: # 1 Appendix A)(Gottfried, Michael)
December 12, 2007 Judge William G. Young : Electronic ORDER entered re 1600 Motion TO ADMIT EXHIBITS INTO EVIDENCE FOR THE REMEDY HEARING (REDACTED VERSION). "The following documents are admitted in evidence: AYG, PBF, POC, PSQ, PVV, PVX, PWD, RBN, RBO, RBS, RBW, RCB, RCC, RCD, RCG, RCL, RCM, RED, REE, REF, REK, REW, RFJ, RFL, RFN, RFP, RFS, RGA, RHO, RHP, RHT, RIH, RII, RIK, RIQ, RIS, RJC, RJE, RJN, RJO, RJP, RKC, RKD, RKK, RKR, RLB, RLH, and RLX The motion is otherwise denied save that the denial is without prejudice with respect to RCF, RCH, RHJ, RID, and RMD supported by a detailed evidentiary foundation. Roche shall promptly submit two additional exhibit books with the admitted exhibits." (Paine, Matthew)
December 12, 2007 Judge William G. Young : Electronic ORDER entered re 1597 Motion to: (1) Admit Exhibits Into Evidence or Consider Evidence in Response to Issues Raised by the Court During the November 6, 2007 Injunction Hearing, and (2) Motion to Admit Rebuttal Evidence. "Exhibit EUL is admitted in evidence. The remainder of the proffered exhibits are excluded." (Paine, Matthew)
December 12, 2007 Judge William G. Young : Electronic ORDER entered denying 1595 Motion to Preclude Roche from Offering Exhibits into Evidence Through Deposition Designations (Paine, Matthew)
December 12, 2007 Judge William G. Young : Electronic ORDER entered denying 1594 Motion to Preclude Testimony of Barbara Senich Relying On Documents Withheld in Fact Discovery (Paine, Matthew)
December 12, 2007 Judge William G. Young : Electronic ORDER entered granting 1593 Motion To Preclude Roche from Submitting Deposition Transcripts of Witnesses that have Testified Live at the Remedy Hearing (Paine, Matthew)
December 12, 2007 Judge William G. Young : Electronic ORDER entered denying 1592 Motion To Preclude Roche from Presenting Expert Testimony of Drs. Besarab and Schmidt and Requesting Enforcement of the Court's Order Precluding Reliance Upon Document Withheld in Fact Discovery. (Paine, Matthew)
December 12, 2007 Judge William G. Young : Electronic ORDER entered denied as moot. See transcript re 1591 MOTION to Modify Order. (Paine, Matthew)
December 11, 2007 Filing 1601 NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. OF SUBMISSION TO THE COURT OF ROCHE'S MOTION TO ADMIT EXHIBITS INTO EVIDENCE FOR THE REMEDY HEARING AND THE DECLARATION OF NICOLE A. RIZZO (Rizzo, Nicole)
December 11, 2007 Filing 1600 MOTION TO ADMIT EXHIBITS INTO EVIDENCE FOR THE REMEDY HEARING (REDACTED VERSION) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Rizzo, Nicole)
December 11, 2007 Filing 1599 Witness / Exhibit List for the Remedy Phase Trail. (Smith, Bonnie)
December 7, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Hearing held on 12/7/2007. The Court answers questions of counsel. TheCourt encourages settlement. (Court Reporter: Womack.)(Attorneys present: Day,Ben-Ami) (Smith, Bonnie)
December 7, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Evidentiary Hearing Day 4 held on 12/7/2007. Defendant's evidence continues. Defendant Rests. CLosing arguments by Defendant, by Plaintiff. The Court takes the Matter Under Advisement. (Court Reporter: Womack.)(Attorneys present: Day, Ben-Ami) (Smith, Bonnie)
December 7, 2007 Filing 1598 NOTICE by Amgen Inc. re 1597 MOTION to: (1) Admit Exhibits Into Evidence or Consider Evidence in Response to Issues Raised by the Court During the November 6, 2007 Injunction Hearing, and (2) Motion to Admit Rebuttal Evidence MOTION to: (1) Admit Exhibits Into Evidence or Consider Evidence in Response to Issues Raised by the Court During the November 6, 2007 Injunction Hearing, and (2) Motion to Admit Rebuttal Evidence Notice of Manual Submission to the Court of Delcaration of Linda Baxley and Exhibits Thereto in Connection with Amgen's Motion to Admit (Rich, Patricia)
December 7, 2007 Filing 1597 MOTION to: (1) Admit Exhibits Into Evidence or Consider Evidence in Response to Issues Raised by the Court During the November 6, 2007 Injunction Hearing, and (2) Motion to Admit Rebuttal Evidence by Amgen Inc.. (Attachments: # 1 Exhibit A)(Rich, Patricia)
December 6, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Hearing re: exhibits held on 12/6/2007. (Court Reporter: Womack.)(Attorneys present: Gottfried, Jagoe) (Smith, Bonnie)
December 6, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Evidentiary Hearing Day 3 held on 12/6/2007. Plaintiff's evidence continues. Plaintiff rests. Defendant orally moves for judgment as matter of law. Motion Denied. Defendant's evidence commences. (Court Reporter: Womack.)(Attorneys present: Day, Ben-Ami) (Smith, Bonnie)
December 6, 2007 Filing 1596 EXHIBIT re 1590 Declaration,,, of Alfred H. Heckel in Support of Defendants' Memorandum in Opposition to Amgen's Request for a Permanent Injunction by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 4# 2 Exhibit 5# 3 Exhibit 6# 4 Exhibit 7# 5 Exhibit 8 (part 1 of 2)# 6 Exhibit 8 (part 2 of 2)# 7 Exhibit 9# 8 Exhibit 10# 9 Exhibit 11# 10 Exhibit 12# 11 Exhibit 13# 12 Exhibit 14# 13 Exhibit 15# 14 Exhibit 16# 15 Exhibit 17# 16 Exhibit 18# 17 Exhibit 19# 18 Exhibit 20# 19 Exhibit 21# 20 Exhibit 22# 21 Exhibit 23# 22 Exhibit 24# 23 Exhibit 25# 24 Exhibit 26# 25 Exhibit 27# 26 Exhibit 28)(Seluga, Kimberly)
December 6, 2007 Judge William G. Young : Electronic ORDER entered denying 1587 Motion to preclude Schmidt and Besarab from testifying (Smith, Bonnie)
December 6, 2007 Filing 1595 MOTION to Preclude Roche from Offering Exhibits into Evidence Through Deposition Designations by Amgen Inc..(Rich, Patricia)
December 6, 2007 Filing 1594 MOTION to Preclude Testimony of Barbara Senich Relying On Docuemnts Withheld in Fact Discovery by Amgen Inc..(Rich, Patricia)
December 6, 2007 Filing 1593 MOTION To Preclude Roche from Submitting Deposition Transcripts of Witnesses that have Testified Live at the Remedy Hearing by Amgen Inc..(Rich, Patricia)
December 6, 2007 Filing 1592 MOTION To Preclude Roche from Presenting Expert Testimony of Drs. Besarab and Schmidt and Requesting Enforcement of the Court's Order Precluding Reliance Upon Document Withheld in Fact Discovery by Amgen Inc..(Rich, Patricia)
December 6, 2007 Filing 1591 MOTION to Modify Order by Fresenius Medical Care Holdings, Inc. (FMC).(Hebert, Mark)
December 6, 2007 Filing 1590 DECLARATION of Alfred H. Heckel in Support of Defendants' Memorandum in Opposition to Amgen's Request for a Permanent Injunction by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 Part 1# 3 Exhibit 2 Part 2# 4 Exhibit 2 Part 3# 5 Exhibit 2 Part 4# 6 Exhibit 3 Part 1# 7 Exhibit 3 Part 2# 8 Exhibit 3 Part 3# 9 Errata 3 Part 4# 10 Exhibit 3 Part 5# 11 Exhibit 3 Part 6# 12 Exhibit 3 Part 7# 13 Exhibit 3 Part 8# 14 Exhibit 3 Part 9# 15 Exhibit 3 Part 10# 16 Exhibit 3 Part 11# 17 Exhibit 3 Part 12# 18 Exhibit 3 Part 13# 19 Exhibit 3 Part 14# 20 Exhibit 3 Part 15# 21 Exhibit 3 Part 16# 22 Exhibit 3 Part 17# 23 Exhibit 3 Part 18# 24 Exhibit 3 Part 19# 25 Errata 3 Part 20# 26 Errata 3 Part 21)(Fleming, Thomas)
December 5, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Hearing re RE: evidence offered at injunction hearing held on 12/5/2007. The Court hears from Fresenius lawyer re: confidentiality of Exhibit QAA. After hearing, the court admits the document as Exhibit 20. The Court will hold the exhibit and will be in the custody of the court only. Once the trial is over, the Court will return the exhibit to the lawyers. The Court orders that Ms. Parsons deposition is to go forward. The designation will be given to the court for consideration. The Court rules doc. #1583 is denied. (Court Reporter: Womack.)(Attorneys present: Day, Ben-Ami, Hebert) (Smith, Bonnie)
December 5, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Evidentiary Hearing Day 2 held on 12/5/2007. Plainitff's evidence continues. (Court Reporter: Womack.)(Attorneys present: Day, Ben-Ami) (Smith, Bonnie)
December 5, 2007 Filing 1589 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1578 Brief Defendant's Memorandum in Opposition to Amgen's Request for a Permanent Injunction. (Fleming, Thomas)
December 5, 2007 Filing 1588 Opposition re 1587 Emergency MOTION To Preclude Roche's Late Disclosed Witnesses Dr. Rebecca Schmidt and Dr. Anatole Besarb From Testifying at the Injunction Hearing filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Fleming, Thomas)
December 5, 2007 Filing 1587 Emergency MOTION To Preclude Roche's Late Disclosed Witnesses Dr. Rebecca Schmidt and Dr. Anatole Besarb From Testifying at the Injunction Hearing by Amgen Inc.. (Attachments: # 1 Exhibit A)(Rich, Patricia)
December 5, 2007 Filing 1586 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1583 Brief Roche's Opposition to Amgen's Bench Memorandum to Prevent Roche From Introducing Alleged Antitrust Evidence to Support an Unclean Hands or Patent Misuse Defense. (Fleming, Thomas)
December 4, 2007 Filing 1585 MOTION for Leave to File Reply to Roche's Opposition to Fresenius' Motion to Maintain Confidentiality of Certain Terms in the Fresenius/Amgen Supply Agreement by Fresenius Medical Care Holdings, Inc. (FMC). (Attachments: # 1 Non-Party Fresenius' Reply to Roche's Opposition to Fresenius' Motion to Maintain Confidentiality of Certain Terms in the Fresenius/Amgen Supply Agreement# 2 Declaration of Mark J. Hebert)(Hebert, Mark)
December 4, 2007 Judge William G. Young : Electronic ORDER entered re 1580 Motion Unopposed Motion to Maintain Confidentiality of Fresenius/Amgen Agreement. "Denied without prejudice to its renewal should Roche seek to introduce this agreement." (Paine, Matthew)
December 4, 2007 Filing 1584 Opposition re 1580 MOTION Unopposed Motion to Maintain Confidentiality of Fresenius/Amgen Agreement filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Huston, Julia)
December 3, 2007 Opinion or Order Judge George A. O'Toole Jr.: Electronic ORDER entered re 1582 Emergency MOTION to Quash Subpoena Served on Third Party Debbie Parson. "Granted. The matter may be further considered by Judge Young when the parties appear before him on Wednesday, December 5." (Paine, Matthew)
December 3, 2007 Filing 1583 BRIEF by Amgen Inc. Bench Memorandum to Prevent Roche From Introducing Alleged Antitrust Evidence to Support an Unclean Hands or Patent Misuse Defense. (Gottfried, Michael)
December 3, 2007 Filing 1582 Emergency MOTION to Quash Subpoena Served on Third Party Debbie Parson by Amgen Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Rich, Patricia)
November 30, 2007 Filing 1581 MEMORANDUM in Support re 1580 MOTION Unopposed Motion to Maintain Confidentiality of Fresenius/Amgen Agreement filed by Fresenius Medical Care Holdings, Inc. (FMC). (Hebert, Mark)
November 30, 2007 Filing 1580 MOTION Unopposed Motion to Maintain Confidentiality of Fresenius/Amgen Agreement by Fresenius Medical Care Holdings, Inc. (FMC).(Hebert, Mark)
November 28, 2007 Notice of correction to docket made by Court staff. Exhibit (5) to docket entry (1579) Declaration, was replaced with a correct version of the exhibit. (Paine, Matthew)
November 21, 2007 Filing 1579 DECLARATION re 1578 Brief of Aaron R. Hand in Support of Amgen's Memorandum in Support of Its Request for a Permanent Injunction by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10)(Gottfried, Michael) Additional attachment(s) added on 11/28/2007 (Paine, Matthew).
November 21, 2007 Filing 1578 BRIEF by Amgen Inc. = Memorandum in Support of Amgen's Request for a Permanent Injuction. (Gottfried, Michael)
November 21, 2007 Filing 1577 Response by Amgen Inc. to 1557 Brief, Roche's Supplemental Bench Memorandum Regarding Obviousness-Type Double Patenting. (Gottfried, Michael)
November 20, 2007 Filing 1576 Letter/request (non-motion) from Lloyd R. Day, Jr.. (Gottfried, Michael)
November 15, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's counsel Day and Defendant's counsel Ben-Ami are present. The Court orders the parties re: filing of confidential documents. See transcript for full order. The Court rules on motions in limine granting 1565 Motion ; denying 1567 Motion in Limine; denying 1570 Motion in Limine; denying 1571 Motion in Limine; denying 1572 Motion to Strike ; Evidentiary Hearing held on 11/15/2007. Opening remarks by Plainitff. The Defendant reserves the right to make opening remarks at a later time. Plaintiff's evidence commences. Evidentairy hearing is continued to 12/5/07.(Court Reporter Womack.) (Smith, Bonnie)
November 15, 2007 Filing 1575 DECLARATION re 1574 Opposition to Motion, Declaration of Patricia R. Rich in Support of Amgen's Opposition by Amgen Inc.. (Attachments: # 1 Exhibit A (part 1)# 2 Exhibit A (part 2)# 3 Exhibit A (part 3)# 4 Exhibit A (part 4)# 5 Exhibit B (part 1)# 6 Exhibit B (part 2)# 7 Exhibit B (part 3))(Rich, Patricia)
November 15, 2007 Filing 1574 Opposition re 1567 MOTION in Limine to Preclude Amgen from Introducing Evidence or Argument During the Remedy Phase Regarding the Safety, Efficacy or Dosing of Aranesp for Failure to Produce Discovery Related to Aranesp and Because It Is Irrelevant filed by Amgen Inc.. (Rich, Patricia)
November 15, 2007 Filing 1573 Opposition re 1565 MOTION To Admit Stricken Injunction Testimony of Leslie Z. Benet Into Injunction Phase of the Case filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Huston, Julia)
November 15, 2007 Filing 1572 MOTION to Strike The Third Expert Report of Dr. Glenn Chertow and To Preclude Dr. Chertow From Testifying on Subject Matter Contained Therein by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Huston, Julia)
November 15, 2007 Filing 1571 MOTION in Limine To Preclude Dr. Glenn Chertow From Offering His Personal Opinions As Those of The Broader Medical Community Regarding Efficacy or Dosing of Aranesp by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Huston, Julia)
November 15, 2007 Filing 1570 MOTION in Limine To Preclude Dr. Glenn Chertow From Offering Opinions On Topics About Which He Has Expressly Disclaimed Expertise by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Huston, Julia)
November 14, 2007 Filing 1569 Opposition re 1564 MOTION Requesting Leave to File Documents Publicly filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Seluga, Kimberly)
November 14, 2007 Filing 1568 DECLARATION re 1567 MOTION in Limine to Preclude Amgen from Introducing Evidence or Argument During the Remedy Phase Regarding the Safety, Efficacy or Dosing of Aranesp for Failure to Produce Discovery Related to Aranesp and Because It Is Irrelevant (Declaration of Peter Fratangelo) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Seluga, Kimberly)
November 14, 2007 Filing 1567 MOTION in Limine to Preclude Amgen from Introducing Evidence or Argument During the Remedy Phase Regarding the Safety, Efficacy or Dosing of Aranesp for Failure to Produce Discovery Related to Aranesp and Because It Is Irrelevant by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Seluga, Kimberly)
November 14, 2007 Filing 1566 BRIEF by Amgen Inc. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING NO OBVIOUSNESS-TYPE DOUBLE PATENTING. (Gottfried, Michael)
November 14, 2007 Judge William G. Young : Electronic ORDER entered. The Order of Oct. 25, 2007 is hereby VACATED. NOTHING IS TO BE FILED UNDER SEAL.(Smith, Bonnie)
November 14, 2007 Filing 1565 MOTION To Admit Stricken Injunction Testimony of Leslie Z. Benet Into Injunction Phase of the Case by Amgen Inc..(Gottfried, Michael)
November 14, 2007 Filing 1564 MOTION Requesting Leave to File Documents Publicly by Amgen Inc..(Rich, Patricia)
November 14, 2007 Filing 1563 NOTICE by Amgen Inc. Of Submission to The Court Regarding Amgen's Pre-Hearing Memorandum in Support of Amgen's Request for Permanent Injunction (Rich, Patricia)
November 13, 2007 ELECTRONIC NOTICE OF RESCHEDULINGEvidentiary Hearing reset to continue in December on Wed. 12/5/2007 -12/7/07 09:00 AM in Courtroom 18 before Judge William G. Young. The Court will not sit on Tue. Dec. 4.(Smith, Bonnie)
November 13, 2007 Filing 1562 Amgen's Letter/request (non-motion) from Michael R. Gottfried regarding submission of deposition designations to the court. (Gottfried, Michael)
November 13, 2007 Filing 1561 Roche's Response to Amgen's Claim for Declaratory Judgment of Inducement of Infringement of Claims 11 and 14 of U.S. Patent No. 5,547,933 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Huston, Julia)
November 9, 2007 Filing 1560 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1559 Response by Amgen Regarding the Courts Appointment of Ernst Berndt As a Technical Consultant. (Seluga, Kimberly)
November 9, 2007 Notice of correction to docket made by Court staff. Docket entry (1557) brief was replaced with a corrected copy due to typographical errors in the document. (Paine, Matthew)
November 8, 2007 ELECTRONIC NOTICE of Hearing : Evidentiary Hearing re: remedy set for Thursday 11/15/ 2007 from 9:00 AM to 3:30 PM, Tuesday,12/4/2007, Wednesday, 12/5/07,Thursday, 12/6/07 from 09:00 AM To 1:00PM each day before Judge William G. Young. (Smith, Bonnie)
November 7, 2007 Filing 1559 Response by Amgen Inc. to the Court's Request to Appoint Ernst Berndt as a Technical Consultant. (Gottfried, Michael)
November 6, 2007 Filing 1558 DECLARATION re 1557 Brief IN SUPPORT OF ROCHE'S BENCH MEMORANDUM ADDRESSING AMGEN'S RESPONSE (D.N. 1555) REGARDING OBVIOUSNESS-TYPE DOUBLE PATENTING (of Nicole A. Rizzo) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Rizzo, Nicole)
November 6, 2007 Filing 1557 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. ROCHE'S BENCH MEMORANDUM ADDRESSING AMGEN'S RESPONSE (D.N. 1555) REGARDING OBVIOUSNESS-TYPE DOUBLE PATENTING. (Rizzo, Nicole) Additional attachment(s) added on 11/9/2007 (Paine, Matthew).
November 6, 2007 Filing 1556 Amended Proposed Findings of Fact by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Rizzo, Nicole)
October 30, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's counsel Day and Defendant's counsel Ben-Ami are present.Scheduling Conference/Status Conferene held on 10/30/2007,. The defendant Roche orally moves for judgment notwithstanding the verdict with respect to the '933 patent, claim 12,infringed under the doctrine of equivalents. The Court ALLOWS the motion. After consulting with counsel, the Court will keep Under Advisement the Motion for Summary Judgment as to antitrust. Counsel inform the Court that the remedy phase of the case will take 4 days to try. The jury waived trial will commence at 9AM on Nov.15, 2007 and go to 3:30 PM. It will continue for 3 days thereafter on a schedule that the court can accomodate. Counsel are advised to keep in touch with the clerk for more definitive dates available after Nov. 15. Plaintiff has 3 weeks from Dec. 23, 2007, the date the motion is due, to respond to the Defendant's Motion JNOV. The Court discloses it is thinking of using a technical economics advisor for the remedy portion of the case. The Court distributes the resume of Dr.Berndt who charges $600 per hour. The Court would split the cost between parties. Counsel are to notify the Court by Nov. 7, 2007 as to whether there are any objections to the Court using Dr.Berndt. (Court Reporter Womack.) (Smith, Bonnie)
October 29, 2007 Filing 1555 Response by Amgen Inc. to 1550 Brief, 1548 Brief = Roche's Bench Memoranda on Obviousness-type Double Patenting. (Gottfried, Michael)
October 29, 2007 Filing 1554 BRIEF by Amgen Inc. to 1553 Proposed Findings of Fact = Memorandum in Support of Amgen's Proposed Findings of Fact and Conclusions of Law in Support of Declaratory Judgment of Inducement of Infringement of '933 Claim 14. (Gottfried, Michael)
October 29, 2007 Filing 1553 Proposed Findings of Fact by Amgen Inc.. (Gottfried, Michael)
October 29, 2007 Filing 1552 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1551 Notice (Other) of Submission. (Brooks, Kregg)
October 29, 2007 Judge William G. Young : Electronic ORDER entered denying as moot 1299 MOTION in Limine TO PRECLUDE INFRINGEMENT TESTIMONY BY DR. LODISH WHICH IS IRRELEVANT AND BEYOND HIS EXPERTISE. (Paine, Matthew)
October 26, 2007 Filing 1551 NOTICE by Amgen Inc. of Submission of Documents to Court (Gottfried, Michael)
October 26, 2007 Judge William G. Young : Electronic ORDER entered denying 1284 MOTION for Directed Verdict Regarding Invalidity. (Paine, Matthew)
October 26, 2007 Judge William G. Young : Electronic ORDER entered denying 1196 Motion to Authenticate by Declaration in Lieu of the Live Testimony of Charles Kung. (Paine, Matthew)
October 26, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1297 MOTION in Limine to Preclude Amgen From Proffering Testimonial or Documentary Evidence Concerning Infringement Testing Under Federal Rules of Evidence 602,901 and 702/703. (Paine, Matthew)
October 26, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1290 MOTION in Limine To Preclude Drs. Lodish and Torchilin From Presenting Animations Not Discussed in Their Expert Reports. (Paine, Matthew)
October 26, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1292 MOTION in Limine to Preclude Amgen's Expert Dr. Torchilin From Offering Testimony on Literal Infringement or Infringement Under the Doctrine of Equivalents. (Paine, Matthew)
October 26, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1288 MOTION in Limine to Preclude Testimony By Dr. Vladimir Torchilin Regarding Issues Pertaining Strictly to Invalidity. (Paine, Matthew)
October 26, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1261 MOTION in Limine to Preclude Amgen's Expert Witness Dr. Leslie Benet from Offering Testimony on Infringement. (Paine, Matthew)
October 26, 2007 Judge William G. Young : Electronic ORDER entered denied as moot re 1246 MOTION in Limine to Preclude Testimony by Dr. Lodish on Amgen's Validity Case on Matters that Are of No Relevance to this Case. (Paine, Matthew)
October 26, 2007 Judge William G. Young : Electronic ORDER entered. denied as moot re 1243 BRIEF: Roche's Motion In Limine To Preclude Expert Testimony By Dr. Lodish Regarding The Conduct Of Drs. Lin and Goldwasser Which Is Spectulative, And Outside His Competence As An Expert , by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. (Paine, Matthew)
October 26, 2007 Judge William G. Young : Electronic ORDER entered. denied as moot re 1242 BRIEF: Roche's Motion in Limine To Preclude Dr. Lodish From Opining Improperly Regarding Prior Art References , by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc.(Paine, Matthew)
October 25, 2007 Filing 1550 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum on Obviousness-Type Double Patenting of the '868 and '698 Patents Over the '008 Patent (Theory 3) and the '933, '422 and '349 Patents Over the '868 and '698 Patents (Theory 4). (Schaffer, Emily)
October 25, 2007 Filing 1549 Proposed Findings of Fact by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Schaffer, Emily)
October 25, 2007 Filing 1548 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum on Consonance and on the Inapplicability of Section 121 to Obviousness-Type Double Patenting Theory 4. (Schaffer, Emily)
October 25, 2007 Judge William G. Young : Electronic ORDER entered denying 1533 Motion to Exclude Antitrust-Related Documents from Roche's Submission on Inducement (Paine, Matthew)
October 25, 2007 Judge William G. Young : Electronic ORDER entered granting 1528 AEmergency Motion To Enforce Prior Orders Regarding Confidentiality of Admitted Trial Exhibits. (Paine, Matthew)
October 25, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1523 MOTION to Strike Antitrust Evidence From Roche's Submission On Inducement. (Paine, Matthew)
October 25, 2007 Judge William G. Young : Electronic ORDER entered denying 1522 MOTION for Judgment as a Matter of Law on Roche's Anticipation Defenses. (Paine, Matthew)
October 25, 2007 ELECTRONIC NOTICE of Hearing :Counsel are notified that the hearing scheduled for 10/30/07 on the Motion JNOV/JMOL has been revised. The Court will NOT hold argument on motions BUT will hold a STATUS CONFERENCE for the purpose of setting a schedule.Scheduling Conference set for 10/30/2007 02:00 PM in Courtroom 18 before Judge William G. Young. Counsel need NOT prepare for argument on post trial motions.(Smith, Bonnie)
October 24, 2007 Judge William G. Young : Electronic ORDER entered denying as moot 1532 Motion to Supplement the Record on Inequitable Conduct with a Limited Number of Documents that Directly Address and Provide Context for the Evidence Offered by Roche at the Inequitable Conduct Hearing. (Paine, Matthew)
October 24, 2007 Judge William G. Young : Electronic ORDER entered denying as moot 1547 Amgen's Omnibus Motion to Admit Documents Into Evidence Solely for the Inequitable Conduct Phase of the Trial that are Relevant to State of Mind. (Paine, Matthew)
October 24, 2007 Judge William G. Young : Electronic ORDER entered denying 1539 Roche's Motion to Correct TRX 2012 and For Admission of Documents into Evidence. (Paine, Matthew)
October 24, 2007 Filing 1546 Opposition re 1533 MOTION to Exclude Antitrust-Related Documents from Roche's Submission on Inducement filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 24, 2007 Judge William G. Young : Electronic ORDER entered finding as moot 1369 Motion in Limine (Smith, Bonnie)
October 24, 2007 Filing 1545 Opposition re 1539 MOTION Amgen's Objections to Roche's Motion to Correct TRX 2012 and for Admission of Documents into Evidence filed by Amgen Inc.. (Rich, Patricia)
October 23, 2007 Filing 1544 Witness List for Bench trial. (Smith, Bonnie)
October 23, 2007 Filing 1543 Witness List. (Smith, Bonnie)
October 23, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young :Plaintiff's counsel Day and Defendant's counsel Ben-Ami are present. Jury Trial Day 24 held on 10/23/2007. The 10 members of the jury continue its deliberations. Jury question #4 asked. The Court instructs via telephone the answer to the question. Counsel agree to an answer and the question is answered. The Jury returns a verdict for the plaintiff. The Court will hold a hearing on Motions for judgment notwithstanding the verdict. The hearing is set for Oct 30, 2007 at 2PM. The parties have 60 days from today to file briefing re: the motions. (Court Reporter Womack.) (Smith, Bonnie) Modified on 10/23/2007 (Smith, Bonnie).
October 23, 2007 Filing 1542 JURY VERDICT in favor of Plaintiff against Defendant. (Smith, Bonnie)
October 22, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's attorney Day and Defendant's attorney Ben-Ami are present.Jury Trial 23 held on 10/22/2007. The 10 deliberating jurors are present. Deliberations continue. Question #3 is asked. The Court hears via telephone counsel's argument on the question. TheCourt answers the question. (Court Reporter Womack.) (Smith, Bonnie) .
October 22, 2007 Filing 1541 TRIAL BRIEF Regarding Inequitable Conduct by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Fleming, Thomas)
October 22, 2007 Filing 1540 DECLARATION of Krista M. Rycroft in support re 1539 Roche's Motion to Correct TRX 2012 and For Admission of Documents into Evidence by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 part 1 of 2# 3 Exhibit 2 part 2 of 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11 part 1 of 2# 13 Exhibit 11 part 2 of 2# 14 Exhibit 12)(Fleming, Thomas) Modified on 10/23/2007 (Paine, Matthew).
October 22, 2007 Filing 1539 Roche's Motion to Correct TRX 2012 and For Admission of Documents into Evidence . (Fleming, Thomas) Modified on 10/23/2007 (Paine, Matthew).
October 22, 2007 Filing 1538 BRIEF by Amgen Inc. = Amgen's Supplemental Bench Memorandum Regarding No Obviousness-Type Double Patenting. (Gottfried, Michael)
October 22, 2007 Filing 1537 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Supplemental Memorandum of Law in Support of Roche's October 15, 2007 Oral Motion for Judgment of Non-Infringment as a Matter of Law (Leave to File Granted on October 18, 2007). (Schaffer, Emily)
October 22, 2007 Filing 1536 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. in Support of Roche's October 15, 2007 Oral Motion for Judgment of Non-Infringement as a Matter of Law (Leave to file granted October 16, 2007). (Schaffer, Emily)
October 22, 2007 Filing 1535 Opposition re 1532 MOTION to Supplement the Record on Inequitable Conduct with a Limited Number of Documents that Directly Address and Provide Context for the Evidence Offered by Roche at the Inequitable Conduct Hearing filed by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 22, 2007 Filing 1534 BRIEF by Amgen Inc. Requesting Judgment of No Inequitable Conduct. (Rich, Patricia)
October 19, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's attorney Day and Defendant's attorney Ben-Ami are present. Jury Trial 22 held on 10/19/2007. The Court inquires of the 10 deliberating jurors as to whether they have discussed the case with anyone. The jurors answer in the negative. Jury questions #2 asked and answered. (Court Reporter Womack.) (Smith, Bonnie)
October 19, 2007 Filing 1533 MOTION to Exclude Antitrust-Related Documents from Roche's Submission on Inducement by Amgen Inc..(Gottfried, Michael)
October 19, 2007 Filing 1532 MOTION to Supplement the Record on Inequitable Conduct with a Limited Number of Documents that Directly Address and Provide Context for the Evidence Offered by Roche at the Inequitable Conduct Hearing by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 19, 2007 Filing 1531 RESPONSE to Motion re 1528 Emergency MOTION To Enforce Prior Orders Regarding Confidentiality of Admitted Trial Exhibits filed by Amgen Inc.. (Rich, Patricia)
October 19, 2007 Filing 1530 Opposition re 1523 MOTION to Strike Antitrust Evidence From Roche's Submission On Inducement filed by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 19, 2007 Filing 1529 Opposition re 1522 MOTION for Judgment as a Matter of Law on Roche's Anticipation Defenses (LEAVE TO FILE GRANTED ON 10/18/2007) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Schaffer, Emily)
October 19, 2007 Filing 1528 Emergency MOTION To Enforce Prior Orders Regarding Confidentiality of Admitted Trial Exhibits by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Huston, Julia)
October 19, 2007 Judge William G. Young : Electronic ORDER entered granting 1520 Motion For Confirmation That TX 2012a Is Admitted For Purposes Of The Obviousness-Type Double Patenting Bench Trial. (Paine, Matthew)
October 19, 2007 Judge William G. Young : Electronic ORDER entered denying 1516 MOTION for Reconsideration and Objection To The Courts Granting Roches Cross Motion To Admit Exhibits POZ And PZG Into Evidence. (Paine, Matthew)
October 19, 2007 Filing 1527 Exhibit List by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc., Amgen Inc.Re: the Non jury OBVIOUSNESS DOUBLE PATENTING TRIAL.. (Smith, Bonnie)
October 19, 2007 Filing 1526 Witness and Exhibit List for the Evidentiary hearing re: Inequitable Conduct. (Smith, Bonnie)
October 19, 2007 Filing 1525 NOTICE by Amgen Inc. OF SUBMISSION TO THE COURT REGARDING AMGEN'S MOTION TO ADMIT ROCHE'S PRIOR ADMISSIONS RELATED TO ROCHE'S INDUCEMENT OF INFRINGEMENT (Gottfried, Michael)
October 19, 2007 Filing 1524 RESPONSE to Motion re 1442 MOTION for Leave to File Roche's Motion for Leave to File a Supplemental Memorandum of Law in Excess of the Page Limit in Support of Its Motion for Judgment of Non-Infringement as a Matter of Law, 1414 MOTION for Leave to File Roches Motion for Leave to File a Brief in Excess of the Page Limit in Support of Its Motion for Judgment of Non-Infringement as a Matter of Law (= MEMORANDUM OF AMGEN INC. IN RESPONSE TO ROCHE'S MOTION FOR JUDGMENT AS A MATTER OF LAW REGARDING INFRINGEMENT, per leave to file granted on 10/18/07) filed by Amgen Inc.. (Rich, Patricia)
October 19, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1385 MOTION To Preclude Gregory D. Longmore, M.D. From Offering Opinions Based On A Construction That Is Inconsistent With The Court's Claim Construction Of The Claim Term "Human Erythropoietin" ; denied as moot 1391 MOTION in Limine To Preclude Gregory D. Longmore, M.D. From Offering Opinions Based On A Claim Construction That Is Inconsistent With The Court's Claim Construction Of The Claim Terms "Isolating" and "Comprising," As Set Forth In The Asserted '698 And '868 Claims (Paine, Matthew)
October 19, 2007 Filing 1523 MOTION to Strike Antitrust Evidence From Roche's Submission On Inducement by Amgen Inc..(Gottfried, Michael)
October 19, 2007 Filing 1522 MOTION for Judgment as a Matter of Law on Roche's Anticipation Defenses (LEAVE TO FILE GRANTED ON 10/18/2007) by Amgen Inc..(Rich, Patricia)
October 18, 2007 Filing 1547 Amgen's Omnibus MOTION to Admit Documents Into Evidence Solely for the Inequitable Conduct Phase of the Trial that are Relevant to State of Mind. by Amgen Inc.. (Attachments: # 1 Exhibit - A)(Paine, Matthew)
October 18, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's counsel Day and Defendant's counsel Ben-Ami are present.Jury Trial Day 21 held on 10/18/2007.TheCourt further charges the jury as to the law. Closing arguments by Defendant, by Plainitff. Jury commences deliberations. Jury question #1 asked and answered. Jury adjourns until 9AM on Fri. Oct. 19, 2007. (Court Reporter Womack.) (Smith, Bonnie)
October 18, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's counsel Madrid and Defendant's counsel Suh are present.Evidentiary Hearing re: Inequitable conduct held on 10/18/2007.Defendant Roche evidence commences. Cross examination by Amgen. Redirect examination, Recross examination. The Court takes the matter Under Advisement. The Court will accept final arguments in writing without the 20 page limit. (Court Reporter Womack.) (Smith, Bonnie)
October 18, 2007 Filing 1521 RESPONSE to Motion re 1434 MOTION for Judgment as a Matter of Law Defendant's Motion for Judgment of Non-Infringement as a Matter of Law for Claim 9 of the '933 Patent and Motion to Strike '933 Claim 9 From the Jury Verdict Sheet Leave to File Granted on 10/18/07 filed by Amgen Inc.. (Rich, Patricia)
October 18, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1368 MOTION to Preclude Roche's Experts from Claiming Unproven and Undisclosed FDA Certification ; denied as moot 1384 MOTION To Preclude Roche's Expert Dr. Gregory D. Longmore From Offering Opinions Based On An Infringement Analysis That Is Inconsistent With Federal Circuit Precedent And With The Court's Claim Construction Ruling That Amgen's Claims Are Open-Ended (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered "Allowed for the inequitable conduct portion of the case." re 1499 Motion Request for Judicial Notice of Sections of the Manual of Patent Examining Procedure and Motion for Their Entry Into Evidence (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered granting 1495 MOTION for Leave to File A Brief In Excess Of The Page Limit In Support Of Its Opposition To Roches Motion For Judgment As A Matter Of Law Regarding Infringement; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered. "Denied as moot." re 1488 BRIEF: Defendants' Motion For Proper Jury Instruction On Its Patent In Evidence As Exhibit 2109 by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered denying 1477 MOTION for Reconsideration of the Court's Order Granting Judgment of Non-Infringement as to '349 Claim 7 in Order to Allow Jury to Consider Infringement Under Doctrine of Equivalents. (Paine, Matthew)
October 18, 2007 Filing 1520 MOTION For Confirmation That TX 2012a Is Admitted For Purposes Of The Obviousness-Type Double Patenting Bench Trial by Amgen Inc..(Rich, Patricia)
October 18, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1451 Motion to Preclude "Rebuttal" Evidence in Infringement Case. (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered denying 1468 MOTION in Limine Roche's Motion In Limine to Preclude Stephen G. Kunin from Testifying in the Inequitable Conduct Portion of this Trial. (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1455 MOTION in Limine To Preclude Roche From Offering The Deposition Testimony Of Thomas Boone Because It Is Related Solely To The Issue Of Amgens Pegylation Of EPO, Which This Court Has Ruled Is Irrelevant. (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered finding as moot 1410 Motion ; finding as moot 1411 Motion in Limine; granting 1412 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; finding as moot 1415 Motion in Limine; finding as moot 1416 Motion in Limine; finding as moot 1417 Motion in Limine; finding as moot 1418 Motion in Limine; finding as moot 1419 Motion in Limine; finding as moot 1420 Motion in Limine; finding as moot 1421 Motion in Limine; finding as moot 1422 Motion in Limine; finding as moot 1423 Motion in Limine; denying 1429 Motion to Correct (Smith, Bonnie)
October 18, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1417 MOTION in Limine Regarding Flavell No. 3: to Preclude Richard Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Court's Claim Construction of the '933 Patent Claim Term "Non-Naturally Occurring; denied as moot 1421 MOTION in Limine Regarding Flavell No. 7: To Preclude Richard Flavell From Offering Opinions Based on a Claim Construction that Requires That the Term "Obligate" Glycoprotein Be Read into the Asserted '933 Claim; denied as moot 1422 MOTION in Limine Regarding Flavell No. 8: To Preclude Richard A. Flavell from Offering Opinions that were Rejected by this Court's Holding that PEG-EPO Infringes Claim 1 of Dr. Lin's '422 Patent. (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered granting 1442 MOTION for Leave to File Roche's Motion for Leave to File a Supplemental Memorandum of Law in Excess of the Page Limit in Support of Its Motion for Judgment of Non-Infringement as a Matter of Law; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered granting 1441 MOTION for Leave to File Excess Pages in Support of its Motion for Judgment as a Matter of Law on Roche's Anticipation Defenses. (Paine, Matthew)
October 18, 2007 Judge William G. Young : Electronic ORDER entered granting 1397 Motion to Withdraw 1397 MOTION to Withdraw 1360 Brief, Without Prejudice Amgen's Bench Memorandum to Explain the Relevance of Exhibits GXD and EYV to Issues of Infringement (Smith, Bonnie)
October 18, 2007 Judge William G. Young : Electronic ORDER entered denying 1469 Motion in Limine to preclude Amgen from arguing that statements made during interference proceedings were merely recitations of Fritsch's statements.; finding as moot 1470 Motion to preclude Amgen from offering additional evidence and argument re: secondary considerations of non-obviousness. (Smith, Bonnie)
October 18, 2007 Judge William G. Young : Electronic ORDER entered finding as moot 1466 Motion ; denying 1467 Motion for Judgment as a Matter of Law on the Comercial Viability test for material change. (Smith, Bonnie)
October 18, 2007 Judge William G. Young : Electronic ORDER entered granting 1434 Motion for Judgment as a Matter of Law (Smith, Bonnie)
October 18, 2007 Filing 1519 BRIEF by Amgen Inc. = Bench Memorandum To Explain The Lack Of Materiality Of References Regarding uEPO And rEPO In Response To Roches Allegations Of Inequitable Conduct Based Thereon. (Gottfried, Michael)
October 18, 2007 Filing 1518 Opposition re 1512 MOTION To Exclude Previously Undisclosed Exhibits Admitted After The Close Of The ODP Case filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 18, 2007 Filing 1517 NOTICE by Amgen Inc. Of Manual Filing Of Its Omnibus Motion To Admit Documents Into Evidence Solely For The Inequitable Conduct Phase Of The Trial That Are Relevant To State Of Mind (Gottfried, Michael)
October 18, 2007 Filing 1516 MOTION for Reconsideration and Objection To The Courts Granting Roches Cross Motion To Admit Exhibits POZ And PZG Into Evidence by Amgen Inc..(Gottfried, Michael)
October 18, 2007 Filing 1515 BRIEF by Amgen Inc. =Bench Brief To Explain The Lack Of Materiality Of Thomas Stricklands Declarations Submitted In European Proceedings In Response To Roches Allegations Of Inequitable Conduct Based Thereon. (Gottfried, Michael)
October 18, 2007 Filing 1514 BRIEF by Amgen Inc. = Bench Memorandum To Explain Roches Factually And Legally Unsupported Allegations That Amgen Buried References Submitted To The PTO. (Gottfried, Michael)
October 18, 2007 Filing 1513 BRIEF by Amgen Inc. = Bench Memorandum To Explain The Lack Of Materiality Of Rejections In A Co-Pending Application In Response To Roches Allegations Of Inequitable Conduct Based Thereon. (Gottfried, Michael)
October 18, 2007 Judge William G. Young : Electronic ORDER entered. re 1501 Brief, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD,DENIED AS MOOT 1503 Brief, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, DENIED AS MOOT 1504 Brief, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, DENIED AS MOOT 1509 Brief, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, "THE COURT WILL TAKE JUDICIAL NOTICE OF MPEP" 1502 Brief, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD DENIED AS MOOT SAVE INSOFAR AS I'VE RULED ON PARTICULAR EXHIBITS.(Smith, Bonnie)
October 18, 2007 Filing 1512 MOTION To Exclude Previously Undisclosed Exhibits Admitted After The Close Of The ODP Case by Amgen Inc..(Rich, Patricia)
October 18, 2007 Filing 1511 BRIEF by Amgen Inc. BENCH MEMORANDUM THAT IT SHOULD BE ALLOWED TO COMPLETE THE RECORD UNDER FRE 106 IF ROCHE SEEKS TO MOVE EXHIBIT GUK INTO EVIDENCE DURING THE INEQUITABLE CONDUCT PHASE OF THE TRIAL. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 18, 2007 Judge William G. Young : Electronic ORDER entered granting 1486 Motion to Preclude Roche from referring to Govt funding of Dr.Goldwasser's urinary EPO research during closing argument. (Smith, Bonnie)
October 18, 2007 Filing 1510 Opposition re 1482 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) On Roche's List of Alleged Prior Art filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 18, 2007 Filing 1509 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Response to Amgen's Request for Judicial Notice of Sections of the Manual of Patent Examining Procedure and Motion for Their Entry into Evidence (D.I. 1499). (Fleming, Thomas)
October 18, 2007 Filing 1508 Opposition re 1486 MOTION to Preclude Roche from Referring to Government Funding of Dr. Goldwasser's Urinary EPO Research During the Closing Argument Opposition to Amgen's Motion to Preclude Roche from Referring to Government Funding of Dr. Goldwasser's Urinary EPO Research During Closing Argument (D.I. 1486) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 18, 2007 Filing 1507 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Objection to Amgen's Proposed Instruction for Infringement of '868 Claims 1-2 and '698 Claims 6-9. (Fleming, Thomas)
October 18, 2007 Filing 1506 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Objections to Amgen's Proposed Supplemental Jury Instructions on Obviousness. (Fleming, Thomas)
October 18, 2007 Filing 1505 Opposition re 1469 MOTION in Limine Roche's Motion In Limine to Preclude Amgen from Arguing that Statements Made During Interference Proceedings Were Merely Recitations of Fritsch's Statements filed by Amgen Inc.. (Rich, Patricia)
October 18, 2007 Filing 1504 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Bench Memorandum in Support of Roche's Request, Pursuant to FED. R. CIV. P. 37(c), To Preclude Expert Testimony By Amgen's Dr. Thomas Strickland (Previously Filed With the Court on September 27, 2007.). (Fleming, Thomas)
October 18, 2007 Filing 1503 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Bench Memorandum in Support of Roche's Request to Preclude Amgen From Introducing, in Connection With the Testimony of Dr. Thomas Strickland, Laboratory Notebooks or Portions Thereof Which Do Not Reflect His Work (Previously Filed With the Court on September 27, 2007.). (Fleming, Thomas)
October 18, 2007 Filing 1502 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Defendants' Motion to Admit Exhibits into Evidence Relevant to Non-Infringement (Previously Filed With the Court on October 15, 2007. A list of exhibits filed with this motion is included within the document.). (Fleming, Thomas)
October 18, 2007 Filing 1501 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Defendants' Motion To Admit Exhibits Into Evidence (Previously Filed in Open Court on September 24, 2007. A list of exhibits filed with this motion is included within the document.). (Fleming, Thomas)
October 17, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young :Plainitff's counsel Day and Defendant's counsel Ben-Ami are present. Hearing re Objections to the charge held on 10/17/2007. The Court hears from the Defendant and the Plainitiff. The Court makes rulings on the objections. After consulting with the attorneys it is decided that a hearing on inducement is not needed. The parties will rest on the submitted pleadings. (Court Reporter Womack.) (Smith, Bonnie)
October 17, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's attorney Day and Defendant's attorney Ben-Ami are present. Hearing prior to start of trial re: article in NY Times and the jury verdict form. Court inquires of jury as whether anyone has seen the Times article. One juror answers in the affirmative. Voir Dire of juror. Juror to remain.Jury Trial Day 20 held on 10/17/2007. Defendant's evidence continues. Defendant Rests. Plaintiff Rests. Plaintiff orally moves for directed verdict. Defendant orally renews motion for directed verdict. The Court orders defendant's motion Denied. Plaintiff's motion is allowed as to the reverse doctrine of equivalents, otherwise denied. The Court charges the jury as to the law. (Court Reporter Womack.) (Smith, Bonnie)
October 17, 2007 Filing 1500 MEMORANDUM in Opposition re 1468 MOTION in Limine Roche's Motion In Limine to Preclude Stephen G. Kunin from Testifying in the Inequitable Conduct Portion of this Trial filed by Amgen Inc.. (Attachments: # 1 Exhibit 1)(Gottfried, Michael)
October 17, 2007 Filing 1499 MOTION Request for Judicial Notice of Sections of the Manual of Patent Examining Procedure and Motion for Their Entry Into Evidence by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21)(Gottfried, Michael)
October 17, 2007 Filing 1498 DECLARATION re 1497 MOTION to Correct the Record Regarding Dr. Harvey Lodish's Trial Testimony OF ROBERT M. GALVIN by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Gottfried, Michael)
October 17, 2007 Filing 1497 MOTION to Correct the Record Regarding Dr. Harvey Lodish's Trial Testimony by Amgen Inc..(Gottfried, Michael)
October 17, 2007 Filing 1496 MOTION to Confirm the Court's October 4, 2007 Ruling from the Bench Granting Docket Number 1313 by Amgen Inc..(Rich, Patricia)
October 17, 2007 Judge William G. Young : Electronic ORDER entered granting 1493 Motion in Limine (Smith, Bonnie)
October 17, 2007 Judge William G. Young : Electronic ORDER entered denying 1425 Motion in Limine; denying 1465 Motion to Strike (Smith, Bonnie)
October 17, 2007 Filing 1495 MOTION for Leave to File A Brief In Excess Of The Page Limit In Support Of Its Opposition To Roches Motion For Judgment As A Matter Of Law Regarding Infringement by Amgen Inc.. (Attachments: # 1 Exhibit A - [Proposed] Opposition To Roches Motion For Judgment As A Matter Of Law Regarding Infringement)(Rich, Patricia)
October 17, 2007 Judge William G. Young : Electronic ORDER entered denying 1463 Motion for Clarification...."Motion denied.The Court has concluded that the record in this case would not allow a reasonable jury to determine Dr. Fritsch was the first inventor of the claims in suit.Upon this record, the other proposed uses of this testimony are either (1) not adequately supported by the evidentiary record or,(2) inadequately supported by expert opinion." (Smith, Bonnie)
October 17, 2007 Judge William G. Young : Electronic ORDER entered denying as moot 1484 Motion in Limine (Smith, Bonnie)
October 17, 2007 Judge William G. Young : Electronic ORDER entered. re 1461 Declaration,, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH b " POZ and PZG are admitted in the non-jury inequitable conduct case".(Smith, Bonnie)
October 17, 2007 Judge William G. Young : Electronic ORDER entered denying 1413 Motion in Limine (Smith, Bonnie)
October 17, 2007 Notice of correction to docket made by Court staff. Docket Entry (1440) was replaced because the wrong document was attached to the entry and Docket Entry (1443) corrected because the wrong version of the document was attached to the entry. (Paine, Matthew)
October 17, 2007 Filing 1494 Opposition/ Response by Amgen Inc. to 1343 Proposed Jury Instructions /Roches Bench Memorandum In Support Of Roches Proposed Jury Instruction On Inherent Obviousness. (Gottfried, Michael)
October 17, 2007 Filing 1493 MOTION in Limine To Preclude Roche From Calling Antitrust Witnesses To Testify During The Inducement Stage Of This Trial by Amgen Inc..(Gottfried, Michael)
October 17, 2007 Filing 1492 RESPONSE to Motion re 1467 MOTION for Judgment as a Matter of Law Roche's Motion for Judgment as a Matter of Law on the Commercial Viability Test for Material Change under U.S.C. § 271(g) MOTION for Judgment as a Matter of Law Roche's Motion for Judgment as a Matter of Law on the Commercial Viability Test for Material Change under U.S.C. § 271(g) filed by Amgen Inc.. (Gottfried, Michael)
October 17, 2007 Filing 1491 Objection by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Objections To Amgen's [Proposed] Revised Final Jury Instructions. (Fleming, Thomas)
October 17, 2007 Filing 1490 DECLARATION re 1488 Brief Of Patricia Carson In Support of Defendants' Motion For Proper Jury Instruction On Its Patent In Evidence As Exhibit 2109 by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Fleming, Thomas)
October 17, 2007 Filing 1489 Proposed Jury Verdict by Amgen Inc.. (Rich, Patricia)
October 17, 2007 Filing 1488 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Defendants' Motion For Proper Jury Instruction On Its Patent In Evidence As Exhibit 2109. (Fleming, Thomas)
October 17, 2007 Filing 1487 BRIEF by Amgen Inc. = Bench Memorandum And Proposed Jury Instruction Regarding Roches Reverse Doctrine Of Equivalents Defense. (Rich, Patricia)
October 17, 2007 Filing 1486 MOTION to Preclude Roche from Referring to Government Funding of Dr. Goldwasser's Urinary EPO Research During the Closing Argument by Amgen Inc..(Rich, Patricia)
October 17, 2007 Filing 1485 Proposed Document(s) submitted by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. Document received: Defendants' Second Amended Proposed Jury Verdict Form. (Huston, Julia)
October 17, 2007 Filing 1484 MOTION in Limine To Avoid Jury Confusion and Verdict Error By Precluding the Use of Amgen's Proposed Verdict Form by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Huston, Julia)
October 17, 2007 Filing 1483 Objection to 1343 Proposed Jury Instructions by Amgen Inc.. (Gottfried, Michael)
October 17, 2007 Filing 1482 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) On Roche's List of Alleged Prior Art by Amgen Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Rich, Patricia)
October 17, 2007 Filing 1481 Opposition re 1465 MOTION to Strike Roche's Motion to Strike Portions of Dr. Torchilin's Testimony Related to Pegylation of Non-EPO Compounds to Conform with the Court's Order, or Alternatively, to Submit Contrary Testimony from the Deposition of Dr. L Lin filed by Amgen Inc.. (Gottfried, Michael)
October 17, 2007 Filing 1480 Opposition re 1470 MOTION Roche's Motion to Preclude Amgen from Offering Additional Evidence and Argument Regarding Secondary Considerations of Non-Obviousness (= AMGEN'S OPPOSITION TO ROCHE'S DEUPLICATIVE MOITON REGARDING EVIDENCE OF SECONDARY CONSIDERATIONS OF NON-OBVIOUSNESS) filed by Amgen Inc.. (Rich, Patricia)
October 17, 2007 Filing 1479 BRIEF by Amgen Inc. = Bench Memorandum To Prevent Roche From Presenting Testimony From Dr. Klibanov About Changes To Small Molecules That Are Not EPO, Non-EPO Pegylated Molecules, And Amgens Pegylation Efforts. (Attachments: # 1 Exhibit 1)(Gottfried, Michael)
October 17, 2007 Filing 1478 Response by Amgen Inc. to 1273 Brief, 1344 Brief, = AMGEN'S OPPOSITION TO ROCHE'S DUPLICATIVE BENCH MEMORANDUM REQUESTING AN ERRONEOUS JURY INSTRUCTION ON NEXUS OF SECONDARY CONSIDERATIONS OF NON-OBVIOUSNESS. (Rich, Patricia)
October 17, 2007 Filing 1477 MOTION for Reconsideration of the Court's Order Granting Judgment of Non-Infringement as to '349 Claim 7 in Order to Allow Jury to Consider Infringement Under Doctrine of Equivalents by Amgen Inc..(Rich, Patricia)
October 17, 2007 Filing 1476 Response by Amgen Inc. to 1452 Brief, 1466 MOTION Roche's Motion to Preclude Amgen from Offering Additional Evidence and Argument Regarding Invention Date Prior to the Effective Filing Date of the Patents-In-Suit (= Amgen's Respons to Roche's Memorandum and Opposition to Roche's Motion Regarding Date of Invention). (Rich, Patricia)
October 17, 2007 Filing 1475 Opposition re 1451 MOTION Motion to Preclude "Rebuttal" Evidence in Infringement Case filed by Amgen Inc.. (Gottfried, Michael)
October 17, 2007 Filing 1474 BRIEF by Amgen Inc. = Bench Memorandum Regarding Proposed Jury Charge on Material Change and 35 U.S.C. Sec. 271(g). (Attachments: # 1 Exhibit A)(Rich, Patricia)
October 17, 2007 Filing 1473 DECLARATION re 1472 Response OF DANIEL A. CURTO IN SUPPORT OF AMGEN'S RESPONSE TO ROCHE'S MEMORANDUM REGARDING THE INADMISSIBILITY OF EXHIBIT EWW by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Gottfried, Michael)
October 16, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's counsel Day and Defendant's counsel Ben-Ami are present.Jury Trial Day 19 held on 10/16/2007.Plaintiff's evidence continues. Plaintiff Rests. Defendant orally moves for Directed Verdict. The Motion is Allowed as to patent'349, claim 7, otherwise Denied. Defendant's evidence commences. (Court Reporter Womack.) (Smith, Bonnie)
October 16, 2007 Filing 1472 Response by Amgen Inc. to 1438 Brief Regarding the Inadmissibility of Exhibit EWW. (Gottfried, Michael)
October 16, 2007 Filing 1471 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Defendants' Bench Memorandum Concerning Amgens Proposed Jury Instructions Regarding Infringement of Process Claims and "Additional Elements" that is Contrary to Federal Circuit Law. (Fleming, Thomas)
October 16, 2007 Filing 1470 MOTION Roche's Motion to Preclude Amgen from Offering Additional Evidence and Argument Regarding Secondary Considerations of Non-Obviousness by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 16, 2007 Filing 1469 MOTION in Limine Roche's Motion In Limine to Preclude Amgen from Arguing that Statements Made During Interference Proceedings Were Merely Recitations of Fritsch's Statements by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 16, 2007 Filing 1468 MOTION in Limine Roche's Motion In Limine to Preclude Stephen G. Kunin from Testifying in the Inequitable Conduct Portion of this Trial by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 16, 2007 Filing 1467 MOTION for Judgment as a Matter of Law Roche's Motion for Judgment as a Matter of Law on the Commercial Viability Test for Material Change under U.S.C. § 271(g) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 16, 2007 Filing 1466 MOTION Roche's Motion to Preclude Amgen from Offering Additional Evidence and Argument Regarding Invention Date Prior to the Effective Filing Date of the Patents-In-Suit by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 16, 2007 Filing 1465 MOTION to Strike Roche's Motion to Strike Portions of Dr. Torchilin's Testimony Related to Pegylation of Non-EPO Compounds to Conform with the Court's Order, or Alternatively, to Submit Contrary Testimony from the Deposition of Dr. Lin by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 16, 2007 Filing 1464 Opposition re 1425 MOTION in Limine to Preclude Roche from Introducing Theories and Evidence Concerning Inequitable Conduct Allegations Not Pled By Roche in Its First Amended Answer filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 16, 2007 Filing 1463 MOTION Roche's Renewed Motion for Clarification of the Court's October 15, 2007 Order Precluding Roche from Offering Additional Evidence and Argument Regarding the Genetics Institute and Request for Guidance Prior to Closing Arguments by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 16, 2007 Filing 1462 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Defendants' Bench Memorandum in Support of Roche's Proposed Jury Instruction on Inherent Obviousness. (Attachments: # 1 Exhibit A)(Fleming, Thomas)
October 16, 2007 Filing 1461 DECLARATION re 1460 Opposition to Motion, Amgen's Motion in Limine to Preclude Roche's Purported FRE 406 Witness, Mr. Solocleous, and Patent Law Experts Generally, From Testifying in the Inequitable Conduct Case (D.I. 1413), and Roche's Cross Motin to Admit Exhibits POZ and PZG Into Evidence Pursuant to Fed. R. Evid. 201, 803(8) and 902(5) (Krista Rycroft) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit Ex 1-1# 2 Exhibit Ex 1-2# 3 Exhibit Ex 1-3# 4 Exhibit Ex 1-4# 5 Exhibit Ex 1-5# 6 Exhibit Ex 2-1# 7 Exhibit Ex 2-2)(Fleming, Thomas)
October 16, 2007 Filing 1460 Opposition re 1413 MOTION in Limine to Preclude Roche's Purported FRE 406 Witness, Mr. Sofocleous, And Patent Law Experts Generally, From Testifying In The Inequitable Conduct Phase Of The Trial and Roche's Cross Motion to Admit Exhibits POZ and PZG Into Evidence Pursuant to Fed. R. Evid. 201, 803(8) and 902(5) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 16, 2007 Filing 1459 Reply to Roches Opposition to Amgens Bench Memorandum Regarding Evidence of Infringement of 349 Claim 7 Response by Amgen Inc. to 1361 Response, 1339 Brief Leave to File Granted on 10/16/07. (Gottfried, Michael)
October 16, 2007 Filing 1458 Opposition re 1434 MOTION for Judgment as a Matter of Law Defendant's Motion for Judgment of Non-Infringement as a Matter of Law for Claim 9 of the '933 Patent and Motion to Strike '933 Claim 9 From the Jury Verdict Sheet filed by Amgen Inc.. (Gottfried, Michael)
October 16, 2007 Filing 1457 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Bench Memorandum Regarding Proposed Jury Charge On Material Change. (Fleming, Thomas)
October 16, 2007 Judge William G. Young : Electronic ORDER entered denying 1450 Motion for Clarification "There is no need for clarification, the Court's ruling on Amgen's motion was intended to have precisely the effect sought" (Smith, Bonnie)
October 16, 2007 Judge William G. Young : Electronic ORDER entered granting 1439 D's Motion to admit exhibits into evidence...."Allowed on the issue of obviousness double patenting only" (Smith, Bonnie)
October 16, 2007 Judge William G. Young : Electronic ORDER entered. "In reconsideration,TRX 2012A is ruled inadmissible"(Smith, Bonnie)
October 16, 2007 Judge William G. Young : Electronic ORDER entered granting 1432 Motion to supplement exhibit 2017 (Smith, Bonnie)
October 16, 2007 Judge William G. Young : Electronic ORDER entered granting 1414 Motion for Leave to File; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (10/16/07)- in the caption of the document. (Smith, Bonnie)
October 16, 2007 Filing 1456 DECLARATION re 1455 MOTION in Limine To Preclude Roche From Offering The Deposition Testimony Of Thomas Boone Because It Is Related Solely To The Issue Of Amgens Pegylation Of EPO, Which This Court Has Ruled Is Irrelevant of Daniel A. Curto by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 16, 2007 Filing 1455 MOTION in Limine To Preclude Roche From Offering The Deposition Testimony Of Thomas Boone Because It Is Related Solely To The Issue Of Amgens Pegylation Of EPO, Which This Court Has Ruled Is Irrelevant by Amgen Inc..(Gottfried, Michael)
October 16, 2007 Filing 1454 Opposition/ Response by Amgen Inc. to 1445 Proposed Jury Verdict Submitted by Roche. (Rich, Patricia)
October 16, 2007 Filing 1453 Response by Amgen Inc. Amgen's Opposition to Roche's Motion to Admit Exhibits Into Evidence Relevant to Non-Infringement (which Motion Roche Manually Filed with the Court on 10/15/07). (Rich, Patricia)
October 16, 2007 Judge William G. Young : Electronic ORDER entered granting 1377 MOTION for Leave to File A Reply to Roche's Opposition to Amgen's Bench Memorandum Regarding Evidence of Infringement of '349 Claim 7 ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
October 16, 2007 Judge William G. Young : Electronic ORDER entered. denying re 1363 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum Requesting Jury Instruction Regarding Amgen's Failure to Proffer Secondary Consideration Evidence of the Failure of Others Similarl y Situated to the Inventor. (Paine, Matthew)
October 16, 2007 Judge William G. Young : Electronic ORDER entered. denying re 1362 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum Requesting That the Jury be Instructed that the Processes of Claims '868 1 and 2 and '698 4-9 Culminate in Isolation, Not Puri fication, of the Recited Polypeptide.(Paine, Matthew)
October 16, 2007 Judge William G. Young : Electronic ORDER entered. denying re 1238 BRIEF by Amgen Inc. BENCH MEMORANDUM TO PRECLUDE ROCHE FROM ARGUING OR PRESENTING EVIDENCE THAT MIRCERA DOES NOT CONTAIN HUMAN ERYTHROPOIETIN. (Paine, Matthew)
October 16, 2007 Judge William G. Young : Electronic ORDER entered denying 1313 Motion To PROVIDE THE COURT WITH ADDITIONAL DOCUMENTS FROM THE INTERFERENCE PROCEEDINGS THAT ARE NECESSARY FOR COMPLETENESS AND TO PROVIDE A COMPLETE UNDERSTANDING OF THE PROCEEDINGS. (Paine, Matthew)
October 16, 2007 Judge William G. Young : Electronic ORDER entered granting 1311 MOTION to Correct the File History of the '868 Patent by Adding a Document that was Missing. (Paine, Matthew)
October 16, 2007 Judge William G. Young : Electronic ORDER entered. "Denied as moot." re 1257 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum to Preclude Amgen From Introducing Belatedly Produced Documents Relating to Its Experiments with Pegylation and COS-EPO as Untimely and Prejudicial. (Paine, Matthew)
October 16, 2007 Filing 1452 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum Regarding Amgen's Failure to Meet Its Heavy Burden to Demonstrate that the Invention Date is Earlier than the Filing Date of the Patents-In-Suit. (Fleming, Thomas)
October 16, 2007 Filing 1451 MOTION Motion to Preclude "Rebuttal" Evidence in Infringement Case by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 16, 2007 Filing 1450 MOTION for Clarification Roche's Motion for Clarification of the Court's October 15, 2007 Order Granting Amgen's "Motion to Preclude Roche from Offering Additional Evidence and Argument Regarding the Genetics Institute" by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 16, 2007 Filing 1449 Opposition re 1416 MOTION in Limine Regarding Flavell No. 2: To Preclude Richard A. Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Claim Terms "Isolating" and "Comprising," as set forth in the Asserted & filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 16, 2007 Filing 1448 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum Demonstrating Inappropriateness of "Commercial Viability" Test for Material Change under 35 U.S.C. §271(g). (Fleming, Thomas)
October 16, 2007 Filing 1447 Opposition re 1417 MOTION in Limine Regarding Flavell No. 3: to Preclude Richard Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Court's Claim Construction of the '933 Patent Claim Term "Non-Naturally Occurrin filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 16, 2007 Filing 1446 Amended Proposed Jury Verdict by Amgen Inc.. (Gottfried, Michael)
October 16, 2007 Filing 1445 Amended Proposed Jury Verdict by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Huston, Julia)
October 16, 2007 Filing 1444 Opposition re 1421 MOTION in Limine Regarding Flavell No. 7: To Preclude Richard Flavell From Offering Opinions Based on a Claim Construction that Requires That the Term "Obligate" Glycoprotein Be Read into the Asserted '933 Claim filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 16, 2007 Filing 1443 Opposition re 1422 MOTION in Limine Regarding Flavell No. 8: To Preclude Richard A. Flavell from Offering Opinions that were Rejected by this Court's Holding that PEG-EPO Infringes Claim 1 of Dr. Lin's '422 Patent filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas) Additional attachment(s) added on 10/17/2007 (Paine, Matthew).
October 16, 2007 Filing 1442 MOTION for Leave to File Roche's Motion for Leave to File a Supplemental Memorandum of Law in Excess of the Page Limit in Support of Its Motion for Judgment of Non-Infringement as a Matter of Law by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Fleming, Thomas)
October 16, 2007 Filing 1441 MOTION for Leave to File Excess Pages in Support of its Motion for Judgment as a Matter of Law on Roche's Anticipation Defenses by Amgen Inc.. (Attachments: # 1 Exhibit A)(Rich, Patricia)
October 16, 2007 Filing 1440 Response by Amgen Inc. to 1340 Response AMGEN INC.'S RESPONSE TO ROCHE'S LIST OF ALLEGED ANTICIPATORY PRIOR ART. (Gottfried, Michael) Additional attachment(s) added on 10/17/2007 (Paine, Matthew).
October 16, 2007 Filing 1439 MOTION Defendants' Motion to Admit Exhibits into Evidence by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit SP# 2 Exhibit QHZ# 3 Exhibit QIA - 1# 4 Errata QIA - 2# 5 Exhibit QIB -1# 6 Exhibit QIB - 2# 7 Exhibit QIB - 3# 8 Exhibit GUK -1# 9 Exhibit GUK -2# 10 Exhibit GUK - 3# 11 Exhibit GUK - 4# 12 Exhibit GUK - 5# 13 Exhibit GUK - 6# 14 Exhibit GUK - 6# 15 Exhibit QIL - 1# 16 Exhibit QIL -2# 17 Exhibit QEC)(Fleming, Thomas)
October 15, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's attorney Day and Defendant's attorney Ben-Ami are present.Hearing re Defendant's Oral Motion for Directed Verdict as to infringement. held on 10/15/2007. After hearing the Court takes the matter UNDER ADVISEMENT. Counsel will file briefs on the issue. (Court Reporter Womack.) (Smith, Bonnie)
October 15, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff's attorney Day and Defendant's attorney Ben-Ami are present.Jury Trial Day 18 held on 10/15/2007. Plaintiff's evidence as to infringement continues. (Court Reporter Womack.) (Smith, Bonnie)
October 15, 2007 Filing 1438 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Memorandum Regarding the Inadmissibility of Exhibit EWW as Hearsay. (Fleming, Thomas)
October 15, 2007 Filing 1437 Opposition re 1420 MOTION in Limine Regarding Flavell No. 6: To Preclude Richard Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Court's Construction of '868 Claim Term "Isolated DNA Sequence Encoding Human Er filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1436 Opposition re 1415 MOTION in Limine Regarding Flavell No. 1: To Preclude Richard A. Flavell From Testifying During the Infringement Stage on Issues Pertaining to Invalidity filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1435 Opposition re 1423 MOTION in Limine Regarding Flavell No. 9: To Preclude Richard Flavell from Offering Opinions Regarding "Isolated DNA Sequence Encoding Human Erythropoietin" Based on His Refusal to Provide the Basis for Those Opinions at Deposition filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1434 MOTION for Judgment as a Matter of Law Defendant's Motion for Judgment of Non-Infringement as a Matter of Law for Claim 9 of the '933 Patent and Motion to Strike '933 Claim 9 From the Jury Verdict Sheet by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 15, 2007 Filing 1433 Reply to Amgen's Opposition to Roche's Motion For Reconsideration of the Court's October 4, 2007 Order Regarding The '868 File History Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1386 Response. (Fleming, Thomas)
October 15, 2007 Filing 1432 MOTION Roche's Motion to Supplement Trial Exhibit 2017 by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 15, 2007 Filing 1431 Opposition re 1419 MOTION in Limine Regarding Flavell No. 5: To Preclude Richard Flavell from Offering Opinions Based on an Infringement Analysis that is Inconsistent with Federal Circuit Precedent and with the Court's Claim Construction Ruling that Amgen's Claims are Open Ended filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1430 DECLARATION re 1429 MOTION to Correct The Record Regarding Carlo Brugnaras Trial Testimony of Susan Krumplitsch by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Gottfried, Michael)
October 15, 2007 Filing 1429 MOTION to Correct The Record Regarding Carlo Brugnaras Trial Testimony by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1428 Opposition re 1418 MOTION in Limine Regarding Flavell No. 4: To Preclude Richard Flavell from Offering Opinions Regarding the Asserted '933 Claims that are Based on a Construction that is Inconsistent with the Court's Claim Construction of the Claim Term &q filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1427 Opposition re 1411 MOTION in Limine to Preclude Roche's Expert Dr. Klibanov From Offering Opinions Based On A Construction That Is Inconsistent With The Court's Claim Construction Of The Claim Term "Human Erythropoietin" filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1426 Opposition re 1410 MOTION to Preclude Roche's Expert Dr. Klibanov From Offering Opinions Based on an Infringement Analysis That Is Inconsistent With Federal Circuit Precedent And With The Court's Claim Construction Ruling that Amgen's Claims Are Open-Ende filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1425 MOTION in Limine to Preclude Roche from Introducing Theories and Evidence Concerning Inequitable Conduct Allegations Not Pled By Roche in Its First Amended Answer by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1424 DECLARATION re 1420 MOTION in Limine Regarding Flavell No. 6: To Preclude Richard Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Court's Construction of '868 Claim Term "Isolated DNA Sequence Encoding Human Er, 1415 MOTION in Limine Regarding Flavell No. 1: To Preclude Richard A. Flavell From Testifying During the Infringement Stage on Issues Pertaining to Invalidity, 1423 MOTION in Limine Regarding Flavell No. 9: To Preclude Richard Flavell from Offering Opinions Regarding "Isolated DNA Sequence Encoding Human Erythropoietin" Based on His Refusal to Provide the Basis for Those Opinions at Deposition, 1421 MOTION in Limine Regarding Flavell No. 7: To Preclude Richard Flavell From Offering Opinions Based on a Claim Construction that Requires That the Term "Obligate" Glycoprotein Be Read into the Asserted '933 Claim, 1419 MOTION in Limine Regarding Flavell No. 5: To Preclude Richard Flavell from Offering Opinions Based on an Infringement Analysis that is Inconsistent with Federal Circuit Precedent and with the Court's Claim Construction Ruling that Amgen's, 1416 MOTION in Limine Regarding Flavell No. 2: To Preclude Richard A. Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Claim Terms "Isolating" and "Comprising," as set forth in the Asserted &, 1417 MOTION in Limine Regarding Flavell No. 3: to Preclude Richard Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Court's Claim Construction of the '933 Patent Claim Term "Non-Naturally Occurrin, 1418 MOTION in Limine Regarding Flavell No. 4: To Preclude Richard Flavell from Offering Opinions Regarding the Asserted '933 Claims that are Based on a Construction that is Inconsistent with the Court's Claim Construction of the Claim Term &q of Linda Sasaki-Baxley by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Gottfried, Michael)
October 15, 2007 Filing 1423 MOTION in Limine Regarding Flavell No. 9: To Preclude Richard Flavell from Offering Opinions Regarding "Isolated DNA Sequence Encoding Human Erythropoietin" Based on His Refusal to Provide the Basis for Those Opinions at Deposition by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1422 MOTION in Limine Regarding Flavell No. 8: To Preclude Richard A. Flavell from Offering Opinions that were Rejected by this Court's Holding that PEG-EPO Infringes Claim 1 of Dr. Lin's '422 Patent by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1421 MOTION in Limine Regarding Flavell No. 7: To Preclude Richard Flavell From Offering Opinions Based on a Claim Construction that Requires That the Term "Obligate" Glycoprotein Be Read into the Asserted '933 Claim by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1420 MOTION in Limine Regarding Flavell No. 6: To Preclude Richard Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Court's Construction of '868 Claim Term "Isolated DNA Sequence Encoding Human Erythropoietin" by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1419 MOTION in Limine Regarding Flavell No. 5: To Preclude Richard Flavell from Offering Opinions Based on an Infringement Analysis that is Inconsistent with Federal Circuit Precedent and with the Court's Claim Construction Ruling that Amgen's Claims are Open-Ended by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1418 MOTION in Limine Regarding Flavell No. 4: To Preclude Richard Flavell from Offering Opinions Regarding the Asserted '933 Claims that are Based on a Construction that is Inconsistent with the Court's Claim Construction of the Claim Term "Human Erythropoietin" by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1417 MOTION in Limine Regarding Flavell No. 3: to Preclude Richard Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Court's Claim Construction of the '933 Patent Claim Term "Non-Naturally Occurring" by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1416 MOTION in Limine Regarding Flavell No. 2: To Preclude Richard A. Flavell from Offering Opinions Based on a Claim Construction that is Inconsistent with the Claim Terms "Isolating" and "Comprising," as set forth in the Asserted '698 and '868 Claims by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1415 MOTION in Limine Regarding Flavell No. 1: To Preclude Richard A. Flavell From Testifying During the Infringement Stage on Issues Pertaining to Invalidity by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1414 MOTION for Leave to File Roches Motion for Leave to File a Brief in Excess of the Page Limit in Support of Its Motion for Judgment of Non-Infringement as a Matter of Law by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Fleming, Thomas)
October 15, 2007 Filing 1413 MOTION in Limine to Preclude Roche's Purported FRE 406 Witness, Mr. Sofocleous, And Patent Law Experts Generally, From Testifying In The Inequitable Conduct Phase Of The Trial by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Judge William G. Young : Electronic ORDER entered finding as moot re 906 Motion for Leave to File; 912 Motion for Leave to File; 929 Motion in Limine; 931 Motion in Limine; 934 Motion for Leave to File; 936 Motion in Limine; 948 Motion for Leave to File; 952 Motion for Leave to File; 954 Motion for Leave to File; 965 Motion 966 Motion for Leave to File; 967 Motion for Leave to File; 974 Motion for Leave to File; 977 Motion for Leave to File; 978 Motion for Leave to File; 979 Motion for Leave to File; 986 Motion in Limine; 1003 Motion for Leave to File; 1005 Motion in Limine; 1008 Motion for Leave to File; 1014 Motion for Leave to File; 1026 Motion in Limine; 1036 Motion in Limine; 1046 Motion in Limine; 1047 Motion in Limine; 1149 Motion in Limine. (Paine, Matthew)
October 15, 2007 Filing 1412 MOTION for Leave to File a Brief in Excess of the Page Limit in Support of its Opposition to Roche's Judgment as a Matter of Law and Amgen Inc.'s Cross-Motion for Judgment as a Matter of Law by Amgen Inc.. (Attachments: # 1 Exhibit A - [Proposed] Memorandum in Opposition to Roche's Motion for Judgment as a Matter of Law Regarding Invalidity and Cross-Motion)(Rich, Patricia)
October 15, 2007 Filing 1411 MOTION in Limine to Preclude Roche's Expert Dr. Klibanov From Offering Opinions Based On A Construction That Is Inconsistent With The Court's Claim Construction Of The Claim Term "Human Erythropoietin" by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1410 MOTION to Preclude Roche's Expert Dr. Klibanov From Offering Opinions Based on an Infringement Analysis That Is Inconsistent With Federal Circuit Precedent And With The Court's Claim Construction Ruling that Amgen's Claims Are Open-Ended by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Judge William G. Young : Electronic ORDER entered. re 1376 Brief, filed by Amgen Inc. ALLOWED(Smith, Bonnie)
October 15, 2007 Judge William G. Young : Electronic ORDER entered denying 1388 Motion FOR A CORRECTIVE INSTRUCTION... (Smith, Bonnie)
October 15, 2007 Judge William G. Young : Electronic ORDER entered. re 841 MOTION in Limine No. 8: Exclude Roche from Relying on Comparisons Between Roche's PEG-EPO Product and Amgen's ARANESP Product filed by Amgen Inc.Motion....ALLOWED, 1363 Brief, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH.....DENIED 1378 Brief, filed by Amgen Inc., DENIED..... 1362 Brief, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH DENIED(Smith, Bonnie)
October 15, 2007 Judge William G. Young : Electronic ORDER entered granting 1333 Motion to preclude Roche from offering additional evidence and argument re: the Genetics Institute (Smith, Bonnie)
October 15, 2007 Filing 1409 Response by Amgen Inc. to 1398 Brief, Roches Bench Memorandum (D.I. 1398) Offering Opinions Based On A Claim Construction That Is Inconsistent With The Courts Claim Construction Of The Claim Terms Isolating And Comprising,. (Gottfried, Michael)
October 15, 2007 Filing 1408 Judge William G. Young : Electronic ORDER entered granting 1341 Motion for a bench trial on inequitable conduct defenses (Smith, Bonnie)
October 15, 2007 Judge William G. Young : Electronic ORDER entered denying as moot 1371 Motion in Limine; granting 1375 Motion for Clarification "in clarification, yes, it does"; denying as moot 1382 Motion in Limine; denying as moot 1383 Motion in Limine; granting 1392 Motion in Limine (Smith, Bonnie)
October 15, 2007 Judge William G. Young : Electronic ORDER entered: "Motions denied as moot in light of the course of the trial and the ruling on supervening motions." re 811 Motion in Limine; 814 Motion in Limine; 816 Motion in Limine; 820 Motion in Limine; 826 Motion in Limine; 830 Motion in Limine; 832 Motion in Limine; 835 Motion in Limine; 841 Motion in Limine; 845 Motion in Limine; 851 Motion in Limine; 854 Motion in Limine; 860 Motion in Limine; 863 Motion in Limine; 865 Motion in Limine; 891 Motion in Limine (Paine, Matthew)
October 15, 2007 Filing 1407 Opposition re 1388 MOTION For A Corrective Instruction Regarding Roche's Patent on Pegylated Erythropoietin filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Judge William G. Young : Electronic ORDER entered denying 908 Motion for Reconsideration ; denying 1061 Motion for Reconsideration. (Paine, Matthew)
October 15, 2007 Filing 1406 Opposition re 1385 MOTION To Preclude Gregory D. Longmore, M.D. From Offering Opinions Based On A Construction That Is Inconsistent With The Court's Claim Construction Of The Claim Term "Human Erythropoietin" filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1405 Opposition re 1391 MOTION in Limine To Preclude Gregory D. Longmore, M.D. From Offering Opinions Based On A Claim Construction That Is Inconsistent With The Court's Claim Construction Of The Claim Terms "Isolating" and "Comprising," As Set Fo filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1404 Opposition re 1392 MOTION in Limine to Preclude Roche from Offering Evidence Regarding Amgen's Efforts to Pegylate Molecules, Including EPO, as it is Irrelevant to the Infringement Inquiry filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1403 Opposition re 1384 MOTION To Preclude Roche's Expert Dr. Gregory D. Longmore From Offering Opinions Based On An Infringement Analysis That Is Inconsistent With Federal Circuit Precedent And With The Court's Claim Construction Ruling That Amgen's Claims Ar filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1402 Opposition re 1368 MOTION to Preclude Roche's Experts from Claiming Unproven and Undisclosed FDA Certification filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 15, 2007 Filing 1401 NOTICE by Amgen Inc. of Submission to the Court for Ruling Its Motion to Admit Into Evidence Admissions of Roche Related to Infringement Prior to Close of Amgen's Case in Infringement Phase of Trial and the Exhibits Thereto (CORRECTED NOTICE) (Gottfried, Michael)
October 15, 2007 Filing 1400 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1394 Brief, Roches Response to Amgens Bench Memorandum to Preclude Roche from Examining Dr. Torchilin on Evidence Regarding Patient Choice and the Safety and Dosing Benefits of MIRCERA in Contravention of the Courts Previous Rulings. (Fleming, Thomas)
October 15, 2007 Filing 1399 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roches Bench Memorandum that the Doctrine of Equivalents Does not Apply to Infringement Under Section 271(g) and Therefore to the Asserted Claims of the 868, 698 of 349 Patents. (Fleming, Thomas)
October 15, 2007 Filing 1398 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roches Bench Memorandum in Support of its Argument that Roches Epoetin Beta Starting Material Used to Synthesize CERA Fails to Meet the Expressed by Said Cells Limitation in the Asserted Claims of the 698 Patent. (Fleming, Thomas)
October 15, 2007 Filing 1397 MOTION to Withdraw 1360 Brief, Without Prejudice Amgen's Bench Memorandum to Explain the Relevance of Exhibits GXD and EYV to Issues of Infringement by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1396 NOTICE by Amgen Inc. of Manual Filing of Its Motion to Admit Into Evidence Admissions of Roche Related to Infringement Prior to Close of Amgen's Case In Infringement Phase of Trial and the Exhibits Thereto (Gottfried, Michael)
October 15, 2007 Filing 1395 BRIEF by Amgen Inc. = Bench Memorandum that Roche Should Be Precluded From Questioning Dr. Torchilin About Comparisons Between PEG-EPO and Amgen's Aranesp Product Because Such Comparisons Are Irrelevant to Whether PEG-EPO Infringes Amgen's Patents-in-Suit. (Gottfried, Michael)
October 15, 2007 Filing 1394 BRIEF by Amgen Inc. = Bench Memorandum to Preclude Roche from Examining Dr. Torchilin on Evidence Regarding Patient Choice and the Safety and Dosing Benefits of Mircera in Contravention with the Court's Previous Rulings. (Gottfried, Michael)
October 15, 2007 Filing 1393 BRIEF by Amgen Inc. = Bench Memorandum to Prevent Roche from Cross Examining Dr. Torchilin About Amgen's Efforts to Pegylate Molecules, Including EPO, and the Predictability of Pegylation in General as it is Irrelevant to the Infringement Inquiry. (Gottfried, Michael)
October 15, 2007 Filing 1392 MOTION in Limine to Preclude Roche from Offering Evidence Regarding Amgen's Efforts to Pegylate Molecules, Including EPO, as it is Irrelevant to the Infringement Inquiry by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1391 MOTION in Limine To Preclude Gregory D. Longmore, M.D. From Offering Opinions Based On A Claim Construction That Is Inconsistent With The Court's Claim Construction Of The Claim Terms "Isolating" and "Comprising," As Set Forth In The Asserted '698 And '868 Claims by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1390 Roche's Response to Amgen's Bench Memorandum to Preclude Roche From Introducing Testimony of Dr. Longmore That is Contrary to the Court's Prior Orders Regarding Safety, Dosing, Undisclosed FDA Communications, and Whether MIRCERA Contains Human EPO Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1378 Brief,. (Fleming, Thomas)
October 15, 2007 Filing 1389 Roche's Bench Memorandum in Response to Amgen's Bench Memorandum concerning the Appropriate Jury Instruction on 35 U.S.C. Section 271(g) Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1358 Brief. (Attachments: # 1 Exhibit A)(Fleming, Thomas)
October 15, 2007 Filing 1388 MOTION For A Corrective Instruction Regarding Roche's Patent on Pegylated Erythropoietin by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1387 Response by Amgen Inc. to 1342 Brief, = Amgen's Opposition to Roche's Bench Memorandum Regarding Its Proposed Jury Instruction That Contemporaneous Invention By Others Is A Consideration Favoring Obviousness. (Gottfried, Michael)
October 15, 2007 Filing 1386 Response by Amgen Inc. to 1354 Opposition to Motion = Amgen's Opposition to Roche's Motion for Reconsideration of The Court's October 4, 2007 Order Regarding The '868 File History. (Rich, Patricia)
October 15, 2007 Filing 1385 MOTION To Preclude Gregory D. Longmore, M.D. From Offering Opinions Based On A Construction That Is Inconsistent With The Court's Claim Construction Of The Claim Term "Human Erythropoietin" by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1384 MOTION To Preclude Roche's Expert Dr. Gregory D. Longmore From Offering Opinions Based On An Infringement Analysis That Is Inconsistent With Federal Circuit Precedent And With The Court's Claim Construction Ruling That Amgen's Claims Are Open-Ended by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1383 MOTION in Limine To Preclude Roche From Undermining The Court's Prior Rulings And Unduly Prejudicing Amgen By Agruing Its ODP-Related Inequitable Conduct Theory To The Jury by Amgen Inc..(Rich, Patricia)
October 15, 2007 Filing 1382 MOTION in Limine To Preclude Roche From Arguing To The Jury That Amgen Committed Inequitable Conduct Through Its Characterization Of The Chugai ITC Decision, The PTO Interference Actions, And Articulation Of The Test For ODP by Amgen Inc..(Gottfried, Michael)
October 15, 2007 Filing 1381 Roche's Opposition to Amgen's Bench Memorandum To Explain the Relevance of Exhibit EYV Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1360 Brief,. (Fleming, Thomas)
October 15, 2007 Filing 1380 Opposition re 1371 MOTION in Limine to Preclude Amgen from Introducing Testimony of Vladimir Torchilin Related to Pegylation of Non-EPO Compounds filed by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Gottfried, Michael)
October 15, 2007 Filing 1379 Response by Amgen Inc. to 1363 Brief, = Amgen's Response to Roche's Bench Memorandum Requesting Jury Instruction Regarding Amgen's "Failure to Proffer Secondary Consideration Evidence of the Failure of Others Similarly Situated to the Inventor". (Gottfried, Michael)
October 15, 2007 Filing 1378 BRIEF by Amgen Inc. = Bench Memorandum to Preclude Roche From Introducing Testimony of Dr. Longmore That Is Contrary To The Court's Prior Orders Regarding Safety, Dosing, Undisclosed FDA Commuincations, And Whether MIRCERA Contains Human EPO. (Gottfried, Michael)
October 14, 2007 Filing 1377 MOTION for Leave to File A Reply to Roche's Opposition to Amgen's Bench Memorandum Regarding Evidence of Infringement of '349 Claim 7 by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 14, 2007 Filing 1376 BRIEF by Amgen Inc. = Amgen's Bench Memorandum That Roche Should Be Precluded From Relying On Comparisons Between Peg-EPO and Amgen's Aransep Product Because Such Comparisons Are Irrelevant To Whether Peg-EPO Infringes Amgen's Patents-In-Suit. (Gottfried, Michael)
October 14, 2007 Filing 1375 MOTION for Clarification Defendants' Motion for Clarification on Whether the Court's Prior Rulings Preclude Defendants From Arguing Non-Infringement of '933 Claims 9 and 12 Based on the Markush Group Limitations by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 14, 2007 Filing 1374 Supplemental Proposed Jury Instructions by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 14, 2007 Filing 1373 Opposition re 1341 MOTION and Supporting Memorandum Requesting That This Court Try Roche's Inequitable Conduct Defenses filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Toms, Keith)
October 14, 2007 Filing 1372 MEMORANDUM in Support re 1371 MOTION in Limine to Preclude Amgen from Introducing Testimony of Vladimir Torchilin Related to Pegylation of Non-EPO Compounds filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Toms, Keith)
October 14, 2007 Filing 1371 MOTION in Limine to Preclude Amgen from Introducing Testimony of Vladimir Torchilin Related to Pegylation of Non-EPO Compounds by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Toms, Keith)
October 14, 2007 Filing 1370 DECLARATION re 1369 MOTION in Limine To Preclude Roche From Using Unreliable Computer-Generated Models Of Peg-EPO At Trial Due To Roche's Selective Production Only Of Models That Were Created For This Litigation (=DECLARATION OF RENEE DUBORD BROWN) by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Errata 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16)(Gottfried, Michael)
October 14, 2007 Filing 1369 MOTION in Limine To Preclude Roche From Using Unreliable Computer-Generated Models Of Peg-EPO At Trial Due To Roche's Selective Production Only Of Models That Were Created For This Litigation by Amgen Inc..(Gottfried, Michael)
October 14, 2007 Filing 1368 MOTION to Preclude Roche's Experts from Claiming Unproven and Undisclosed FDA Certification by Amgen Inc..(Gottfried, Michael)
October 14, 2007 Filing 1367 Response by Amgen Inc. to 1315 Memorandum in Support of Motion, 1343 Proposed Jury Instructions, 1332 Brief, 1291 Brief, 1232 Brief, (Response to Various Filings by Roche Regarding Date of Invention). (Gottfried, Michael)
October 14, 2007 Filing 1366 Amended Proposed Jury Verdict by Amgen Inc.. (Gottfried, Michael)
October 12, 2007 Filing 1365 Roche's Opposition to Amgen's Bench Memorandum For Further Jury Instruction Regarding Inherent Written Description Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1326 Brief. (Fleming, Thomas)
October 12, 2007 Filing 1364 Amended Proposed Jury Verdict by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Huston, Julia)
October 12, 2007 Filing 1363 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum Requesting Jury Instruction Regarding Amgen's Failure to Proffer Secondary Consideration Evidence of the Failure of Others Similarly Situated to the Inventor. (Fleming, Thomas)
October 12, 2007 Filing 1362 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum Requesting That the Jury be Instructed that the Processes of Claims '868 1 and 2 and '698 4-9 Culminate in Isolation, Not Purification, of the Recited Polypeptide. (Fleming, Thomas)
October 12, 2007 Filing 1361 Roche's Opposition to Amgen's Bench Memorandum Regarding Evidence of Infringement of Claim 7 of the '349 Patent (D.I. 1339) Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1339 Brief. (Fleming, Thomas)
October 12, 2007 Filing 1360 BRIEF by Amgen Inc. = Bench Memorandum to Explain the Relevance of Exhibits GXD and EYV to Issues of Infringement. (Attachments: # 1 Exhibit 1 (part 1 of 2)# 2 Exhibit 1 (part 2 of 2)# 3 Exhibit 2 (part 1 of 3)# 4 Exhibit 2 (part 2 of 3)# 5 Exhibit 2 (part 3 of 3))(Rich, Patricia)
October 12, 2007 Filing 1359 BRIEF by Amgen Inc. = Bench Memorandum Responding to Roche's Bench Memorandum Regarding Jury Consideration of Prior Art Evidence. (Gottfried, Michael)
October 12, 2007 Judge William G. Young : Electronic ORDER re: Veng-Pederson Deposition entered. "These rulings are made on the assumption that it is Amgen who is calling this witness. On that assumption, the Court sustains ALL the Roche objections to the Amgen designations. This leaves the remaining designations irrelevant. The deposition may not be played."(Smith, Bonnie)
October 12, 2007 Filing 1358 BRIEF by Amgen Inc. = Bench Memorandum Regarding Application of the Doctrine of Equivalents to Establish Infringement Under 35 U.S.C. sec. 271(g). (Rich, Patricia)
October 12, 2007 Judge William G. Young : Electronic ORDER entered re 1317 Defendant's Motion to Submit Demonstratives From the October 4, 2007 Hearing on Obviousness-Type Double Patenting. "Allowed. The demonstratives will be treated as a brief." (Paine, Matthew)
October 11, 2007 Filing 1357 Roche's Opposition to Amgen's Bench Memorandum Regarding Resolution of Definiteness As A Matter of Law (DI 1334) Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1334 Brief. (Fleming, Thomas)
October 11, 2007 Filing 1356 Roche's Opposition to Amgen's Bench Memorandum Regarding Its Proposed Jury Instruction on Obviousness (DI 1335) Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1335 Brief. (Fleming, Thomas)
October 11, 2007 Filing 1355 DECLARATION re 1354 Opposition to Motion Declaration of Krista M. Rycroft in Support of Roche's Opposition to Amgen's Motion to Correct the File History of the '868 Patent by Adding a Document That Was Missing by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1 (part 1)# 2 Exhibit 1 (part 2 of 3)# 3 Exhibit 1 (part 3 of 3)# 4 Exhibit 2 (part 1 of 3)# 5 Exhibit 2 (part 2 of 3)# 6 Exhibit 2 (part 3 of 3))(Schaffer, Emily)
October 11, 2007 Filing 1354 Opposition re 1311 MOTION to Correct the File History of the '868 Patent by Adding a Document that was Missing filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Schaffer, Emily)
October 11, 2007 Filing 1353 Objection to 1325 Brief by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Opposition to Amgen's Bench Memorandum for a Jury Instruction that Subsequent Art Cannot Be Considered for Validity. (Schaffer, Emily)
October 11, 2007 Filing 1352 Opposition re 1333 MOTION To Prclude Roche from Offering Additional Evidence and Argument Regarding the Genetics Institute filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Schaffer, Emily)
October 11, 2007 Filing 1351 Response by Amgen Inc. to 1273 Brief = Opposition to Roche's Bench Memorandum Regarding Amgen's Demonstration of the Requisite Nexus Regarding Secondary Considerations of Non-Obviousness. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 11, 2007 Filing 1350 MOTION to Submit Supplemental Demonstratives from the October 4, 2007 Hearing on Obviousness-Type Double Patenting by Amgen Inc.. (Attachments: # 1 Supplement Demonstratives)(Rich, Patricia)
October 11, 2007 Judge William G. Young : Electronic ORDER entered denying 1336 Motion To Shift Burden of Proof For '349 Claim 7 Pursuant to 35 U.S.C. s. 295. (Paine, Matthew)
October 11, 2007 Judge William G. Young : Electronic ORDER entered. VACATING the October 4, 2007 electronic ORDER entered granting 1281 Motion [RENEWED] To Admit Exhibit BWZa (In Redacted Form) Into Evidence. THE MOTION 1281 [RENEWED] TO ADMIT EXHIBIT BWZa (REDACTED FORM) INTO EVIDENCE IS DENIED. BWZa IS INADMISSIBLE. (Paine, Matthew)
October 11, 2007 Filing 1349 Opposition re 1222 MOTION in Limine to Preclude Amgen from Introducing a Declaration of Dr. Harvey Lodish in Connection with the Hearing on Obviousness-Type Double Patenting filed by Amgen Inc.. (Rich, Patricia)
October 11, 2007 Judge William G. Young : Electronic ORDER entered. "Exhibits BAH and FJX are not admitted." (Paine, Matthew)
October 10, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : Plaintiff counsel Day and Defendant counsel Fleming are present.Hearing re Charge Conference held on 10/10/2007.The Court informs counsel of a revised trial schedule. Tue, court will start at 11:15. Wed the Court will sit 9-1. The Court reviews the proposed verdict slips submitted by both plaintiff and the defendant. The Court hears from both sides re: verdict form. The Court informs counsel it will charge the jury prior to closing arguments. The Court intends on sending a copy of the jury charge into the jury room. Discussion is held on whether the jury will deliberate Oct 22, 23 in the absence of Judge Young. The matter is Under Advisement. The Court Orders by Monday Oct 15, a list of each claim in dispute. As to the validity claims, the Court wants the defenses claim by claim. The Court will hold a Nonjury trial on inducement. The trial will be conducted on Friday Oct 19 at 10AM, while the jury is deliberating. A remedy hearing, if necessary will be held Nov. 15, 2007 at 9AM. (Court Reporter Womack.) (Smith, Bonnie)
October 10, 2007 Filing 1348 Receipt to defendant Roche for documents returned on October 10, 2007. (Paine, Matthew)
October 10, 2007 Filing 1347 Objection to 1318 Proposed Jury Instructions by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. (Roche's Preliminary Objections to Amgen's [Proposed] Revised Final Jury Instructions). (Rizzo, Nicole)
October 10, 2007 Filing 1346 Response by Amgen Inc. to 1340 Response = Amgen's Response to Roche's Lists of Prior Art and Chart Identifying Claims by Category Requested by the Court at the October 4, 2007 Afternoon Hearing. (Gottfried, Michael)
October 10, 2007 Filing 1345 Opposition/ Response by Amgen Inc. to 1329 Brief /Bench Memo of Roche Requesting a Jury Instruction that Statements in the Specifications are Binding Admissions on Amgen. (Rich, Patricia)
October 10, 2007 Filing 1344 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roches Bench Memorandum Requesting Jury Instruction Regarding Amgens Failure to Demonstrate the Requisite Nexus Regarding Secondary Considerations of Non-Obviousness. (Drozdoff, Vladimir)
October 10, 2007 Filing 1343 Supplemental Proposed Jury Instructions by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Drozdoff, Vladimir)
October 10, 2007 Filing 1342 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roches Bench Memorandum Regarding its Proposed Jury Instructions that Contemporaneous Invention by Others is a Consideration Favoring Obviousness. (Attachments: # 1 Exhibit Exhibit A)(Drozdoff, Vladimir)
October 10, 2007 Filing 1341 MOTION and Supporting Memorandum Requesting That This Court Try Roche's Inequitable Conduct Defenses by Amgen Inc..(Gottfried, Michael)
October 10, 2007 Filing 1340 Roches List of Prior Art and Chart Identifying Claims by Category Requested by the Court at the October 4, 2007 Afternoon Hearing Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Drozdoff, Vladimir)
October 10, 2007 Filing 1339 BRIEF by Amgen Inc. Amgen's Bench Memorandum Concerning Amgen's Evidence of Infringement of '349 Claim 7. (Gottfried, Michael)
October 10, 2007 Filing 1338 DECLARATION of Cullen N. Pendleton in Support of Amgen Inc.'s Motion To Shift Burden of Proof for '349 Claim 7 Pursuant to 35 U.S.C. s. 295 by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Gottfried, Michael)
October 10, 2007 Filing 1337 MEMORANDUM in Support re 1336 MOTION To Shift Burden of Proof For '349 Claim 7 Pursuant to 35 U.S.C. s. 295 filed by Amgen Inc.. (Gottfried, Michael)
October 10, 2007 Filing 1336 MOTION To Shift Burden of Proof For '349 Claim 7 Pursuant to 35 U.S.C. s. 295 by Amgen Inc..(Gottfried, Michael)
October 10, 2007 Filing 1335 BRIEF by Amgen Inc. = Bench Memorandum Regarding its Proposed Jury Instruction on Obviousness. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 10, 2007 Filing 1334 BRIEF by Amgen Inc. = Bench Memorandum Regarding Resolution of Definiteness by the Court as a Matter of Law. (Gottfried, Michael)
October 10, 2007 Filing 1333 MOTION To Prclude Roche from Offering Additional Evidence and Argument Regarding the Genetics Institute by Amgen Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gottfried, Michael)
October 10, 2007 Filing 1332 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. ROCHES BENCH MEMORANDUM REGARDING AMGENS (AND DR. LINS) FAILURE TO ESTABLISH AN INVENTION DATE PRIOR TO THE EFFECTIVE FILING DATE OF THE PATENTS-IN-SUIT. (Drozdoff, Vladimir)
October 10, 2007 Filing 1331 Opposition to Amgen's Bench Memorandum In Support of Proposed Jury Instruction For Inequitable Conduct (D.I. 1323) Response by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. to 1323 Brief. (Fleming, Thomas)
October 10, 2007 Filing 1330 ROCHES OPPOSITION TO AMGENS BENCH MEMORANDUM REQUESTING A JURY INSTRUCTION REGARDING THE HEIGHTENED PRESUMPTION OF VALIDITY WHEN ROCHE DID NOT PRESENT ANY ART THAT WAS NOT CONSIDERED BY THE PTO Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1319 Brief. (Drozdoff, Vladimir)
October 10, 2007 Filing 1329 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Bench Memorandum Requesting A Jury Instruction That Statements In The Specification Are Binding Admissions On Amgen. (Fleming, Thomas)
October 10, 2007 Filing 1328 ROCHES OPPOSITION TO AMGENS BENCH MEMORANDUM CONCERNING PROPOSED JURY INSTRUCTIONS REGARDING SOURCE AND PROCESS LIMITATIONS Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1320 Brief. (Fleming, Thomas)
October 9, 2007 Filing 1327 Objection to 917 Proposed Jury Instructions by Amgen Inc.. (Gottfried, Michael)
October 9, 2007 Filing 1326 BRIEF by Amgen Inc. = Bench Memorandum For Further Jury Instruction Regarding Inherent Written Description. (Gottfried, Michael)
October 9, 2007 Filing 1325 BRIEF by Amgen Inc. = Bench Memorandum For A Jury Instruction That Subsequent Art Cannot Be Considered For Validity. (Gottfried, Michael)
October 9, 2007 Filing 1324 BRIEF by Amgen Inc. = Bench Memorandum Requesting That The Court Issue A Corrective Instruction That Remedies And Patent Choice Are Irrelevant To The Issues The Jury Must Decide. (Gottfried, Michael)
October 9, 2007 Filing 1323 BRIEF by Amgen Inc. = Bench Memorandum In Support of Proposed Jury Instruction For Inequitable Conduct. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 9, 2007 Filing 1322 BRIEF by Amgen Inc. = Bench Memorandum Concerning The Appropriate Jury Instruction On Infringement and "Additional Elements". (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 9, 2007 Filing 1321 BRIEF by Amgen Inc. = Bench Memorandum Concerning The Appropriate Jury INstruction On 35 U.S.C. Sec. 271(g). (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 9, 2007 Filing 1320 BRIEF by Amgen Inc. = Bench Memorandum Concerning Proposed Jury Instructions Regarding Source and Process Limitations. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 9, 2007 Filing 1319 BRIEF by Amgen Inc. = Bench Memorandum Requesting A Jury Instruction Regarding The Hightened Presumption of Validity When Roche Did Not Present Any Art That Was Not Considered By The PTO. (Gottfried, Michael)
October 9, 2007 Filing 1318 Final Proposed Jury Instructions by Amgen Inc.. (Gottfried, Michael)
October 9, 2007 Notice of correction to docket made by Court staff. Docket Entry (1308) Opposition to (1290) MOTION in Limine To Preclude Drs. Lodish and Torchilin From Presenting Animations Not Discussed in Their Expert Reports was replaced with a corrected version due to a typographical error. (Paine, Matthew)
October 8, 2007 Filing 1317 MOTION Defendants' Motion to Submit Demonstratives From the October 4, 2007 Hearing on Obviousness-Type Double Patenting by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Appendix part 1 of 4# 2 Appendix part 2 of 4# 3 Appendix part 3 of 4# 4 Appendix part 4 of 4)(Fleming, Thomas)
October 5, 2007 Filing 1316 NOTICE of Appearance by Erik Paul Belt on behalf of F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. (Belt, Erik)
October 4, 2007 Filing 1315 MEMORANDUM in Support re 1284 MOTION for Directed Verdict Regarding Invalidity (Leave to file granted on October 4, 2007) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Rizzo, Nicole)
October 4, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : P's counsel Day and D's counsel Ben-Ami are present.Bench Trial Day 2 held on 10/4/2007. P's evidence continues. Argument by defendant and plaintiff. The Court takes the matter UNDER ADVISEMENT. The Court informs counsel that it wants(1) a list of each exhibit claimed to anticipate any claims in suit. (2) A list of all trial exhibits which constitute prior art.(3) A breakdown of the claims in suit and identify them as product claims, process claims and product-process claims. The Court orders the list to be provided by Roche to Amgen by cob Monday Oct 8 and by Amgento Roche by cob Tue Oct. 9. The Court rules on #1313- allowed in the jury waived hearing and #1311 Allowed. (Court Reporter Womack.) (Smith, Bonnie)
October 4, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young :P;s counsel Day and D's counsel Ben-Ami are present. Jury Trial Day 17 held on 10/4/2007. Plaintiff's evidence continues. (Court Reporter Womack.) (Smith, Bonnie)
October 4, 2007 Notice of correction to docket made by Court staff. Correction: Docket entry (1237) BRIEF by Amgen Inc. bench memorandum clarifying case law concerning source and process limitations was replaced with a corrected version due to typographical errors. (Paine, Matthew)
October 4, 2007 Filing 1314 REPLY to Response to Motion re 1217 MOTION to Admit Exhibits into Evidence Leave to File Granted on 10/4/07 filed by Amgen Inc.. (Gottfried, Michael)
October 4, 2007 Judge William G. Young : Electronic ORDER entered. "Treated as a motion, motion denied." re 1258 BRIEF: Defendants' Motion to Strike Portions of Dr. Lin's Testimony for Lack of Personal Knowldege, by F. Hoffmann-LaRoche LTD, and Roche Diagnostics GmbH, Hoffmann LaRoche Inc. (Paine, Matthew)
October 4, 2007 Judge William G. Young : Electronic ORDER entered granting 1285 MOTION for Leave to File A BRIEF IN EXCESS OF THE PAGE LIMIT IN SUPPORT OF ITS MOTION FOR A DIRECTED VERDICT OF INVALIDITY; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
October 4, 2007 Judge William G. Young : Electronic ORDER entered granting 1281 Motion [RENEWED] To Admit Exhibit BWZa (In Redacted Form) Into Evidence. (Paine, Matthew)
October 4, 2007 Filing 1313 MOTION To PROVIDE THE COURT WITH ADDITIONAL DOCUMENTS FROM THE INTERFERENCE PROCEEDINGS THAT ARE NECESSARY FOR COMPLETENESS AND TO PROVIDE A COMPLETE UNDERSTANDING OF THE PROCEEDINGS by Amgen Inc..(Gottfried, Michael)
October 4, 2007 Judge William G. Young : Electronic ORDER entered granting 1280 MOTION in Limine Roche's Motion in Limine to Preclude Amgen's Expert Witness Dr. Harvey F. Lodish from Offering Testimony Regarding the Expert Statements of Richard D. Kolodner and Donald W. McLawhon, PH.D. (Paine, Matthew)
October 4, 2007 Judge William G. Young : Electronic ORDER entered "Denied without prejudice to its renewal upon the close of the evidence." 1278 MOTION in Limine TO PRECLUDE AMGEN FROM OFFERING ARGUMENTS AND EXPERT TESTIMONY ON OBVIOUSNESS-TYPE DOUBLE PATENTING THAT IT FAILED TO DISCLOSE IN ITS INTERROGATORY RESPONSES AND EXPERT REPORTS (Paine, Matthew)
October 4, 2007 Judge William G. Young : Electronic ORDER entered "Allowed for the purpose of the non-jury proceedings only." 1276 Motion to admit trial exhibit NUK into evidence. (Paine, Matthew)
October 4, 2007 Judge William G. Young : Electronic ORDER entered granting 1265 Motion to Preclude Roche from Introducing Evidence or Testimony Regarding the Safety or Efficacy of PEG-EPO Because Roche has Asserted that these Topics are Irrelevant and on that Basis Denied Amgen Fulsome Discovery. (Paine, Matthew)
October 4, 2007 Judge William G. Young : Electronic ORDER entered granting 1262 MOTION for Leave to File a Reply in Support of its Motion to Admit Documents; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
October 4, 2007 Filing 1312 DECLARATION re 1311 MOTION to Correct the File History of the '868 Patent by Adding a Document that was Missing of Steven M. Odre by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3 Part One# 4 Exhibit 3 Part Two# 5 Exhibit 3 Part Three# 6 Exhibit 4)(Gottfried, Michael)
October 4, 2007 Filing 1311 MOTION to Correct the File History of the '868 Patent by Adding a Document that was Missing by Amgen Inc..(Gottfried, Michael)
October 4, 2007 Filing 1310 BRIEF by Amgen Inc. Bench Memorandum Regarding No Obviousness-type Double Patenting. (Rich, Patricia)
October 4, 2007 Filing 1309 Opposition re 1249 MOTION to Strike EVIDENCE REGARDING ROCHES ALLEGATION THAT CLAIM 7 OF THE 349 PATENT IS NOT ENABLED BECAUSE ROCHE DID NOT PREVIOUSLY IDENTIFY SUCH DEFENSE IN INTERROGATORY RESPONSES filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Seluga, Kimberly)
October 4, 2007 Judge William G. Young : Electronic ORDER entered. re 1303 Brief filed by Amgen Inc re: EXHIBIT EYU...."Exhibit EYU is excluded without prejudice upon the ground that the relevance of the document is not apparent". (Smith, Bonnie)
October 4, 2007 Filing 1308 Opposition re 1290 MOTION in Limine To Preclude Drs. Lodish and Torchilin From Presenting Animations Not Discussed in Their Expert Reports filed by Amgen Inc.. (Gottfried, Michael) Additional attachment(s) added on 10/9/2007 (Paine, Matthew).
October 4, 2007 Filing 1307 Opposition re 1288 MOTION in Limine to Preclude Testimony By Dr. Vladimir Torchilin Regarding Issues Pertaining Strictly to Invalidity filed by Amgen Inc.. (Gottfried, Michael)
October 4, 2007 Filing 1306 Opposition re 1292 MOTION in Limine to Preclude Amgen's Expert Dr. Torchilin From Offering Testimony on Literal Infringement or Infringement Under the Doctrine of Equivalents filed by Amgen Inc.. (Gottfried, Michael)
October 4, 2007 Filing 1305 Objection to 1078 Brief by Amgen Inc. and Response to Defendants' Offer of Proof Regarding the Testimony of Michael Sofocleous. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 4, 2007 Filing 1304 DECLARATION re 1303 Brief of Andrew A. Kumamoto in Support of Amgen's Bench Memorandum as to the Admissability of Exhibit EYU as a Roche Party Admission by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Gottfried, Michael)
October 4, 2007 Filing 1303 BRIEF by Amgen Inc. Bench Memorandum as to the Admissability of Exhibit EYU as a Roche Party Admission. (Gottfried, Michael)
October 4, 2007 Filing 1302 Opposition/ Response by Amgen Inc. to 1257 Brief, Roche's Bench Memorandum to Preclude Amgen from Introducing Belatedly Produced Documents Relating to Its Experiments with Pegylation. (Rich, Patricia)
October 4, 2007 Filing 1301 DECLARATION re 1299 MOTION in Limine TO PRECLUDE INFRINGEMENT TESTIMONY BY DR. LODISH WHICH IS IRRELEVANT AND BEYOND HIS EXPERTISE (of Patricia A. Carson) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Rizzo, Nicole)
October 4, 2007 Filing 1300 MEMORANDUM in Support re 1299 MOTION in Limine TO PRECLUDE INFRINGEMENT TESTIMONY BY DR. LODISH WHICH IS IRRELEVANT AND BEYOND HIS EXPERTISE filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Rizzo, Nicole)
October 4, 2007 Filing 1299 MOTION in Limine TO PRECLUDE INFRINGEMENT TESTIMONY BY DR. LODISH WHICH IS IRRELEVANT AND BEYOND HIS EXPERTISE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Rizzo, Nicole)
October 4, 2007 Filing 1298 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to Amgen's Bench Memorandum Regarding Pegylation of Non-EPO Compounds. (Fleming, Thomas)
October 4, 2007 Filing 1297 MOTION in Limine to Preclude Amgen From Proffering Testimonial or Documentary Evidence Concerning Infringement Testing Under Federal Rules of Evidence 602,901 and 702/703 by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 4, 2007 Filing 1296 Opposition re 1265 MOTION to Preclude Roche from Introducing Evidence or Testimony Regarding the Safety or Efficacy of PEG-EPO Because Roche has Asserted that these Topics are Irrelevant and on that Basis Denied Amgen Fulsome Discovery filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 4, 2007 Filing 1295 Opposition re 1281 MOTION [RENEWED] To Admit Exhibit BWZa (In Redacted Form) Into Evidence filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 4, 2007 Filing 1294 Opposition re 1276 MOTION TO ADMIT TRIAL EXHIBIT NUK INTO EVIDENCE filed by Amgen Inc.. (Gottfried, Michael)
October 4, 2007 Filing 1293 BRIEF by Amgen Inc. = Bench Memorandum Requesting That The Court Enforce Its Order On Motion In Limine No. 12 And Issue A Corrective Instruction To Remedy Roche's Improper Argument That The Jury Consider "Patient Choice" Because Such Argument Was Tantamount To Requesting Jury Nullification. (Gottfried, Michael)
October 4, 2007 Filing 1292 MOTION in Limine to Preclude Amgen's Expert Dr. Torchilin From Offering Testimony on Literal Infringement or Infringement Under the Doctrine of Equivalents by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 4, 2007 Filing 1291 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum Regarding Amgen's Failure to Establish an Invention Date Prior to the Effective Filing Date of the Patents-In-Suit. (Fleming, Thomas)
October 4, 2007 Filing 1290 MOTION in Limine To Preclude Drs. Lodish and Torchilin From Presenting Animations Not Discussed in Their Expert Reports by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 4, 2007 Filing 1289 Opposition re 1261 MOTION in Limine to Preclude Amgen's Expert Witness Dr. Leslie Benet from Offering Testimony on Infringement filed by Amgen Inc.. (Rich, Patricia)
October 4, 2007 Filing 1288 MOTION in Limine to Preclude Testimony By Dr. Vladimir Torchilin Regarding Issues Pertaining Strictly to Invalidity by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 4, 2007 Filing 1287 Roche's Opposition to Amgen's Bench Memorandum (D.I. 1267) That It Is Appropriate for Dr. Lodish To use Computer-Modeled Demonstratives Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 4, 2007 Filing 1286 Opposition Response by Amgen Inc. to 1258 Brief of Defendants' to Strike Portions of Dr. Lin's Testimony for Lackof Personal Knowledge. (Rich, Patricia)
October 4, 2007 Filing 1285 MOTION for Leave to File A BRIEF IN EXCESS OF THE PAGE LIMIT IN SUPPORT OF ITS MOTION FOR A DIRECTED VERDICT OF INVALIDITY by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Rizzo, Nicole)
October 4, 2007 Filing 1284 MOTION for Directed Verdict Regarding Invalidity by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Rizzo, Nicole)
October 4, 2007 Filing 1283 BRIEF by Amgen Inc. = BENCH MEMORANDUM CONCERNING THE RELEVANCE OF U.S. PATENT 4,776,075 TO ROCHE'S OBVIOUSNESS DEFENSE. (Gottfried, Michael)
October 3, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : P's counsel Day andD's counsel Ben-Ami are present.Jury Trial 16 held on 10/3/2007.Plaintiff's evidence continues. Plaintiff Rests. Plaintiff files a renewed motion for for judgment as matter of law as to validity. Motion UA. Court gives preliminary charge as to infringement. Opening remarks by Plaintiff as to Infringement. Opening remarks by Defendant as to Infringement. Plaintiff evidence as to infringement commences. (Court Reporter Womack.) (Smith, Bonnie)
October 3, 2007 Filing 1282 DECLARATION re 1278 MOTION in Limine TO PRECLUDE AMGEN FROM OFFERING ARGUMENTS AND EXPERT TESTIMONY ON OBVIOUSNESS-TYPE DOUBLE PATENTING THAT IT FAILED TO DISCLOSE IN ITS INTERROGATORY RESPONSES AND EXPERT REPORTS (of Patricia A. Carson) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Rizzo, Nicole)
October 3, 2007 Filing 1281 MOTION [RENEWED] To Admit Exhibit BWZa (In Redacted Form) Into Evidence by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 3, 2007 Filing 1280 MOTION in Limine Roche's Motion in Limine to Preclude Amgen's Expert Witness Dr. Harvey F. Lodish from Offering Testimony Regarding the Expert Statements of Richard D. Kolodner and Donald W. McLawhon, PH.D by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 3, 2007 Filing 1279 MEMORANDUM in Support re 1278 MOTION in Limine TO PRECLUDE AMGEN FROM OFFERING ARGUMENTS AND EXPERT TESTIMONY ON OBVIOUSNESS-TYPE DOUBLE PATENTING THAT IT FAILED TO DISCLOSE IN ITS INTERROGATORY RESPONSES AND EXPERT REPORTS filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Rizzo, Nicole)
October 3, 2007 Filing 1278 MOTION in Limine TO PRECLUDE AMGEN FROM OFFERING ARGUMENTS AND EXPERT TESTIMONY ON OBVIOUSNESS-TYPE DOUBLE PATENTING THAT IT FAILED TO DISCLOSE IN ITS INTERROGATORY RESPONSES AND EXPERT REPORTS by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Rizzo, Nicole)
October 3, 2007 Filing 1277 Opposition re 1239 MOTION to ADMIT EXHIBITS INTO EVIDENCE FOR INFRINGEMENT PHASE OF TRIAL filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 3, 2007 Filing 1276 MOTION TO ADMIT TRIAL EXHIBIT NUK INTO EVIDENCE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Rizzo, Nicole)
October 3, 2007 Filing 1275 MOTION in Limine TO PRECLUDE DR. BENET FROM TESTIFYING REGARDING ISSUES PERTAINING TO INVALIDITY by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Rizzo, Nicole)
October 3, 2007 Filing 1274 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. TO AMGEN'S BENCH MEMORANDUM REGARDING THE ADMISSIBILITY OF POST-FILING EVIDENCE OF STRUCTURAL AND FUNCTIONAL DIFFERENCES (DN 1235). (Rizzo, Nicole)
October 3, 2007 Filing 1273 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. BENCH MEMORANDUM REGARDING AMGEN'S FAILURE TO DEMONSTRATE THE REQUISITE NEXUS REGARDING SECONDARY CONSIDERATIONS OF NON-OBVIOUSNESS. (Rizzo, Nicole)
October 3, 2007 Judge William G. Young : Electronic ORDER entered denying 1259 MOTION to Strike the ODP Testimony of Roche's Expert Thomas Kadesch that was not Previously Disclosed in any of his Three Expert Reports. (Paine, Matthew)
October 3, 2007 Judge William G. Young : Electronic ORDER entered re 1239 Motion to admit exhibits into evidence for infringement phase of trial. "The Court is satisfied from counsel's representations, that these documents are authentic and constitute admissions. The Court expresses no opinion as to whether any of these documents are relevant." (Paine, Matthew)
October 3, 2007 Judge William G. Young : Electronic ORDER entered. re Order on Motion to Strike, #1249..."The Court is reconsidering this ruling and will entertain a Roche submission on the point." (Smith, Bonnie)
October 3, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1206 Motion To Preclude the Testimony of Dr. Thomas Kadesch Based on Roche's Representation That It Would Not Call Dr. Kadesch At Trial, Or, In The Alternative, To Limit His Testimony Regarding Obviousness-Type Double Patenting To the Two Sentences On This Issue Contained In His Expert Report. (Paine, Matthew)
October 3, 2007 Judge William G. Young : Electronic ORDER entered granting 1221 MOTION in Limine to Exclude Amgen's Offer of Proof on Obviousness-Type Double Patenting. (Paine, Matthew)
October 3, 2007 Judge William G. Young : Electronic ORDER entered denied as moot re 1219 Motion to Streamline and Expedite the Live Testimony of Dr. Thomas Strickland. (Paine, Matthew)
October 3, 2007 Judge William G. Young : Electronic ORDER entered re 1218 Motion to Admit Exhibit BWZa into Evidence. "Denied without prejudice to receiving a redacted copy. Another motion must be filed." (Paine, Matthew)
October 3, 2007 Filing 1272 Opposition/ Response by Amgen Inc. to 1260 Brief Roche's Bench Memorandum to Preclude Amgen from Introducing Testimony Related to Pegylation of Non-EPO Compounds. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Gottfried, Michael)
October 3, 2007 Filing 1271 Response by Amgen Inc. to 1232 Brief, AMGENS RESPONSE TO ROCHES BENCH MEMORANDUM REGARDING UNCONTROVERTED EVIDENCE OF RECORD THAT DR. FRITSCH ISOLATED THE EPO GENE PRIOR TO THE EFFECTIVE FILING DATE OF THE PATENTS-IN-SUIT". (Rich, Patricia)
October 3, 2007 Filing 1270 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) - RENEWED by Amgen Inc..(Rich, Patricia)
October 3, 2007 Filing 1268 DECLARATION re 1267 Brief of Daniel A. Curto in Support of Amgen's Bench Memorandum that it is Appropriate for Dr. Lodish to use Computer-Modeled Demonstratives that will assist the Jury in Understanding His Infringement Testimony by Amgen Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gottfried, Michael)
October 3, 2007 Filing 1267 BRIEF by Amgen Inc. Bench Memorandum That it is Appropriate for Dr. Lodish to use Computer-Modeled Demonstratives that will assist the Jury in Understanding His Infringement Testimony. (Gottfried, Michael)
October 3, 2007 Notice of correction to docket made by Court staff. Correction: Docket Entry (1218) Motion to admit exhibit BWZa into evidence corrected because the document had a typographical error in the title of the motion. (Paine, Matthew)
October 3, 2007 Filing 1266 Response by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Response To Amgen's Bench Memorandum That Documents Showing That Amgen's Competitors In 1984 Acknowledged That Amgen Was The First To Clone The EPO Gene, That Amgen's Cloning Was Patentable And That They Sought To Copy Amgen Are Relevant To Secondary Considerations Of Non-Obviousness. (Fleming, Thomas)
October 3, 2007 Filing 1265 MOTION to Preclude Roche from Introducing Evidence or Testimony Regarding the Safety or Efficacy of PEG-EPO Because Roche has Asserted that these Topics are Irrelevant and on that Basis Denied Amgen Fulsome Discovery by Amgen Inc..(Gottfried, Michael)
October 3, 2007 Filing 1264 BRIEF by Amgen Inc. Bench Memorandum Regarding Roche's Defense of Non-Infringement Under "The Reverse Doctrine of Equivalents". (Gottfried, Michael)
October 3, 2007 Filing 1263 Opposition re 1255 MOTION Defendants' Request for Permission to File Opposition to Amgen's In Limine Motion Regarding MIRCERA European Approval and Label re 1251 MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCER MOTION Defendants' Request for Permission to File Opposition to Amgen's In Limine Motion Regarding MIRCERA European Approval and Label re 1251 MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCER MOTION Defendants' Request for Permission to File Opposition to Amgen's In Limine Motion Regarding MIRCERA European Approval and Label re 1251 MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCER MOTION Defendants' Request for Permission to File Opposition to Amgen's In Limine Motion Regarding MIRCERA European Approval and Label re 1251 MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCER filed by Amgen Inc.. (Rich, Patricia)
October 3, 2007 Filing 1262 MOTION for Leave to File a Reply in Support of its Motion to Admit Documents by Amgen Inc.. (Attachments: # 1 Exhibit A - [Proposed] Reply)(Gottfried, Michael)
October 2, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young :P;s counsel Day andD's counselBen-Ami are present. Jury Trial Day 15 held on 10/2/2007.P's evidence continues. (Court Reporter Womack.) (Smith, Bonnie)
October 2, 2007 Filing 1269 Judge William G. Young : ORDER entered re 1217 Motion to Admit Exhibits into Evidence. "Motion allowed in part and denied in part. Where allowed, the allowance is subjected to particularized objection by Roche. Where denied, the denial is without prejudice. See particularized notations herein. Exhibits FTF and GUR, however, are not admissible. The Chugai and G1 documents are not admissible for the reasons advance by Roche notwithstanding their antiquity." (Paine, Matthew)
October 2, 2007 Filing 1261 MOTION in Limine to Preclude Amgen's Expert Witness Dr. Leslie Benet from Offering Testimony on Infringement by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
October 2, 2007 Filing 1260 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum to Preclude Amgen from Introducing Testimony Related to Pegylation of Non-EPO Compounds. (Fleming, Thomas)
October 2, 2007 Filing 1259 MOTION to Strike the ODP Testimony of Roche's Expert Thomas Kadesch that was not Previously Disclosed in any of his Three Expert Reports by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 2, 2007 Filing 1258 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Defendants' Motion to Strike Portions of Dr. Lin's Testimony for Lack of Personal Knowldege. (Fleming, Thomas)
October 2, 2007 Filing 1257 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum to Preclude Amgen From Introducing Belatedly Produced Documents Relating to Its Experiments with Pegylation and COS-EPO as Untimely and Prejudicial. (Fleming, Thomas)
October 2, 2007 Filing 1256 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum to Preclude Plaintiff From Introducing Evidence of Offers to Compromise. (Fleming, Thomas)
October 2, 2007 Filing 1255 MOTION Defendants' Request for Permission to File Opposition to Amgen's In Limine Motion Regarding MIRCERA European Approval and Label re 1251 MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCERA DOES NOT COMPRISE HUMAN EPO, IN CONTRADICTION OF THIS COURTS FINDING OF INFRINGEMENT ON CLAIM 1 OF THE 422 PATENT AND (2) THAT EUROPEAN REGULATORY APPROV MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCERA DOES NOT COMPRISE HUMAN EPO, IN CONTRADICTION OF THIS COURTS FINDING OF INFRINGEMENT ON CLAIM 1 OF THE 422 PATENT AND (2) THAT EUROPEAN REGULATORY APPROV by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas) Additional attachment(s) added on 10/3/2007 (Paine, Matthew).
October 2, 2007 Filing 1254 Opposition re 1217 MOTION to Admit Exhibits into Evidence Roche's Opposition to Amgen's Motion to Admit Exhibits Into Evidence filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
October 2, 2007 E-Mail Notice re 1253 originally issued on 10/2/07 returned as undeliverable. Name of Addressee: Firasat Ali. The ECF help desk has contacted the law firm on record, who advised that the attorney is no longer employed by that firm. The attorney's email address has been removed from the database to prevent the return of additional undelivered email notices. (Jones, Sherry)
October 2, 2007 Judge William G. Young : Electronic ORDER entered granting 1251 Motion in Limine"Motion allowed as to (2) and as to (1) only insofar as the claim may relate to claim 1 of the '422 patent. Moreover, it is still open to Roche to argue reverse doctrine of equivalents should there come to be evidentiary support for such a conclusion." (Smith, Bonnie)
October 2, 2007 Filing 1253 NOTICE by Amgen Inc. re 1218 MOTION to Admit Exhibit BWZ into Evidence Notice of Manual filing of Exhibit BWZa (Rich, Patricia)
October 2, 2007 Judge William G. Young : Electronic ORDER entered granting 1208 Motion supplement trial exhibit 2011 (Smith, Bonnie)
October 2, 2007 Judge William G. Young : Electronic ORDER entered denying 1249 Motion to Strike 1249 MOTION to Strike EVIDENCE REGARDING ROCHES ALLEGATION THAT CLAIM 7 OF THE 349 PATENT IS NOT ENABLED BECAUSE ROCHE DID NOT PREVIOUSLY IDENTIFY SUCH DEFENSE IN INTERROGATORY RESPONSES (Smith, Bonnie)
October 2, 2007 Filing 1252 DECLARATION re 1251 MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCERA DOES NOT COMPRISE HUMAN EPO, IN CONTRADICTION OF THIS COURTS FINDING OF INFRINGEMENT ON CLAIM 1 OF THE 422 PATENT AND (2) THAT EUROPEAN REGULATORY APPROV MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCERA DOES NOT COMPRISE HUMAN EPO, IN CONTRADICTION OF THIS COURTS FINDING OF INFRINGEMENT ON CLAIM 1 OF THE 422 PATENT AND (2) THAT EUROPEAN REGULATORY APPROV Declaration by Daniel A. Curto by Amgen Inc.. (Attachments: # 1 Exhibit A)(Gottfried, Michael)
October 2, 2007 Filing 1251 MOTION in Limine TO PRECLUDE ROCHE FROM CLAIMING DURING THE INFRINGEMENT CASE THAT (1) MIRCERA DOES NOT COMPRISE HUMAN EPO, IN CONTRADICTION OF THIS COURTS FINDING OF INFRINGEMENT ON CLAIM 1 OF THE 422 PATENT AND (2) THAT EUROPEAN REGULATORY APPROVAL HAS ANY RELEVANCE TO THE CLAIMS IN THIS LAWSUIT by Amgen Inc..(Gottfried, Michael)
October 2, 2007 Filing 1250 DECLARATION re 1249 MOTION to Strike EVIDENCE REGARDING ROCHES ALLEGATION THAT CLAIM 7 OF THE 349 PATENT IS NOT ENABLED BECAUSE ROCHE DID NOT PREVIOUSLY IDENTIFY SUCH DEFENSE IN INTERROGATORY RESPONSES Declaration of Daniel A. Curto by Amgen Inc.. (Attachments: # 1 Exhibit A (part 1)# 2 Exhibit A (part two)# 3 Exhibit A (part three))(Gottfried, Michael)
October 2, 2007 Filing 1249 MOTION to Strike EVIDENCE REGARDING ROCHES ALLEGATION THAT CLAIM 7 OF THE 349 PATENT IS NOT ENABLED BECAUSE ROCHE DID NOT PREVIOUSLY IDENTIFY SUCH DEFENSE IN INTERROGATORY RESPONSES by Amgen Inc..(Gottfried, Michael)
October 2, 2007 Filing 1248 DECLARATION re 1246 MOTION in Limine to Preclude Testimony by Dr. Lodish on Amgen's Validity Case on Matters that Are of No Relevance to this Case (of Julia Huston) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Huston, Julia)
October 2, 2007 Filing 1247 MEMORANDUM in Support re 1246 MOTION in Limine to Preclude Testimony by Dr. Lodish on Amgen's Validity Case on Matters that Are of No Relevance to this Case filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Huston, Julia)
October 2, 2007 Filing 1246 MOTION in Limine to Preclude Testimony by Dr. Lodish on Amgen's Validity Case on Matters that Are of No Relevance to this Case by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Huston, Julia)
October 2, 2007 Filing 1245 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Bench Memorandum That The U.S. Patent No. 4,766,075 Is Relevant Prior Art That is Presumed To Be Enabled. (Fleming, Thomas)
October 2, 2007 Filing 1244 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Motion In Limine To Preclude Amgen Expert Harvey Lodish From Giving Irrelevant Testimony Related To Cell Lines. (Fleming, Thomas)
October 2, 2007 Filing 1243 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Motion In Limine To Preclude Expert Testimony By Dr. Lodish Regarding The Conduct Of Drs. Lin and Goldwasser Which Is Spectulative, And Outside His Competence As An Expert. (Fleming, Thomas)
October 2, 2007 Filing 1242 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Motion in Limine To Preclude Dr. Lodish From Opining Improperly Regarding Prior Art References. (Fleming, Thomas)
October 2, 2007 Filing 1241 BRIEF by Amgen Inc. BENCH MEMORANDUM THAT DOCUMENTS SHOWING THAT AMGEN'S COMPETITORS IN 1984 ACKNOWLEDGED THAT AMGEN WAS THE FIRST TO CLONE THE EPO GENE, THAT AMGEN'S CLONING WAS PATENTABLE AND THAT THEY SOUGHT TO COPY AMGEN ARE RELEVANT TO SECONDARY CONSIDERATIONS OF NON-OBVIOUSNESS. (Gottfried, Michael)
October 2, 2007 Filing 1240 Response by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Opposition to Amgen's Bench Memorandum For A Clarifying Preliminary Jury Instruction on Infringement of "422 Patent, Claim 1 To Provide The Jury With Procedural Context And Minimize Confusion. (Fleming, Thomas)
October 2, 2007 Filing 1239 MOTION to ADMIT EXHIBITS INTO EVIDENCE FOR INFRINGEMENT PHASE OF TRIAL by Amgen Inc.. (Attachments: # 1 Appendix A (Attachment A- Chart of Documents to be Admitted))(Gottfried, Michael)
October 2, 2007 Filing 1238 BRIEF by Amgen Inc. BENCH MEMORANDUM TO PRECLUDE ROCHE FROM ARGUING OR PRESENTING EVIDENCE THAT MIRCERA DOES NOT CONTAIN HUMAN ERYTHROPOIETIN. (Gottfried, Michael)
October 2, 2007 Filing 1237 BRIEF by Amgen Inc. BENCH MEMORANDUM CLARIFYING CASE LAW CONCERNING SOURCE AND PROCESS LIMITATIONS. (Rich, Patricia) Additional attachment(s) added on 10/4/2007 (Paine, Matthew).
October 2, 2007 Filing 1236 Response by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Opposition to Amgen's Bench Memorandum Requesting A Clarifying Preliminary Jury Instruction Relating to Roche's Patent On Pegylated Erythropoietin. (Fleming, Thomas)
October 2, 2007 Filing 1235 BRIEF by Amgen Inc. BENCH MEMORANDUM REGARDING ADMISSIBILITY OF POST-FILING EVIDENCE OF FUNCTIONAL AND STRUCTURAL DIFFERENCES TO REBUT ROCHES INVALIDITY ALLEGATIONS. (Rich, Patricia)
October 2, 2007 Filing 1234 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roches Opposition to Amgens Motion to Admit Exhibit BWZ in Evidence. (Drozdoff, Vladimir)
October 2, 2007 Filing 1233 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Bench Memorandum Clarifying That Product by Process Claims are Limited Only by Limitations Recited in the Claims or the Specification. (Fleming, Thomas)
October 2, 2007 Filing 1232 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roches Bench Memorandum Regardubg Uncontroverted Evidence of Record that Dr. Fritsch Isolated the EPO Gene Prior to the Effective Filing Date of the Patents-in-Suit. (Drozdoff, Vladimir)
October 1, 2007 Filing 1231 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum That Correspondence Between Chugai and Genetics Institute is Inadmissible Under the "Ancient Documents" Exception Because those Documents are not Authenticated, Contain Hearsay Within Hearsay, and are Misleading, Confusing and Unduly Prejudicial. (Fleming, Thomas)
October 1, 2007 Filing 1230 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Opposition to Amgen's Motion to Supplement Trial Exhibit 2011. (Fleming, Thomas)
October 1, 2007 Filing 1229 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Opposition to Amgen's Bench memorandum Regarding Showing the Jury Photographs Contained in a Learned Treatise. (Fleming, Thomas)
October 1, 2007 Filing 1228 Response by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. to 1212 Brief Roche's Opposition to Amgen's Bench Memorandum That Trial Exhibit FTF is Admissible After Dr. Ajit Varki Explains the Relevance of Dr. Catlin's Experiment. (Fleming, Thomas)
October 1, 2007 Filing 1227 BRIEF by Amgen Inc. Bench Memorandum for a Clarifying Preliminary Jury Instruction on Infringement of '422 Patent, Claim 1, to Provide the Jury with Procedural Context and to Minimize Jury Confusion. (Gottfried, Michael)
October 1, 2007 Filing 1226 BRIEF by Amgen Inc. Bench Memorandum for a Clarifying Preliminary Jury Instruction Relating to Roche's Patent on Pegylated Erthropoietin. (Attachments: # 1)(Gottfried, Michael)
October 1, 2007 Filing 1225 SUR-REPLY to Motion re 876 MOTION in Limine No. 17: to Exclude Roche from Presenting Evidence to Challenge the Non-obviousness of the DNA Sequence Encoding for Human Erythropoietin in 1983 (Leave to File Granted on October 1, 2007) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Toms, Keith)
October 1, 2007 Judge William G. Young : Electronic ORDER entered granting 1070 A SUR-REPLY IN RESPONSE TO PLAINTIFF AMGEN INC.S PROPOSED REPLY IN FURTHER SUPPORT OF ITS MOTION IN LIMINE NO. 17: TO EXCLUDE ROCHE FROM PRESENTING EVIDENCE TO CHALLENGE THE NON-OBVIOUSNESS OF THE DNA SEQUENCE ENCODING FOR HUMAN ERYTHROPOIETIN IN 1983; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
October 1, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young :P's counsel Day and D's counsel carson are present. Bench Trial Day 1 held on 10/1/2007. D's evidence re; obviousness/double patenting commences. (Court Reporter Womack.) (Smith, Bonnie)
October 1, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : P's counsel Day and D's counsel Ben-Amia re pesent.Jury Trial Day 14 held on 10/1/2007. P's evidence continues. (Court Reporter Womack.) (Smith, Bonnie)
October 1, 2007 Filing 1224 NOTICE by Amgen Inc. re 1217 MOTION to Admit Exhibits into Evidence OF MANUAL FILING (Gottfried, Michael)
October 1, 2007 Filing 1223 Opposition re 1206 MOTION To Preclude the Testimony of Dr. Thomas Kadesch Based on Roche's Representation That It Would Not Call Dr. Kadesch At Trial, Or, In The Alternative, To Limit His Testimony Regarding Obviousness-Type Double Patenting To the Two Sentences On filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Seluga, Kimberly)
October 1, 2007 Filing 1222 MOTION in Limine to Preclude Amgen from Introducing a Declaration of Dr. Harvey Lodish in Connection with the Hearing on Obviousness-Type Double Patenting by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Schaffer, Emily)
October 1, 2007 Filing 1221 MOTION in Limine to Exclude Amgen's Offer of Proof on Obviousness-Type Double Patenting by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Schaffer, Emily)
October 1, 2007 Judge William G. Young : Electronic ORDER entered denying 1202 MOTION for Judgment as a Matter of Law That The Baron-Goldwasser EPO Studies and Their NIH and FDA Grant Applications Are Not Prior Art. (Paine, Matthew)
October 1, 2007 Judge William G. Young : Electronic ORDER entered granting 1205 Motion in Limine to preclude Amgen from presenting testimony of Attorney Ian Crawford. (Smith, Bonnie)
October 1, 2007 Judge William G. Young : Electronic ORDER entered. re 1204 Brief filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH The motion to preclude is Denied.(Smith, Bonnie)
October 1, 2007 Motions terminated: 1214 Emergency MOTION To Preclude Amgen From Publicly Disclosing Roche's Trade Secrets Without Prior Notice to Roche filed by F. Hoffmann-LaRoche LTD. (Smith, Bonnie)
October 1, 2007 Judge William G. Young : Electronic ORDER entered entered 1214 Motion to preclude Amgen from publicly disclosing Roche's trade secrets... "Treated as a motion for clarification, the Court simply ordered that nothing further be submitted to it under seal or for in camera review. Otherwise, all prior orders remain in full force and effect." (Smith, Bonnie)
October 1, 2007 Judge William G. Young : Electronic ORDER entered granting 1209 Motion for Clarification "Actually, this is a motion for reconsideration. Upon reconsideration, exhibit NZR is admitted but PRX is not." (Smith, Bonnie)
October 1, 2007 Judge William G. Young : Electronic ORDER entered. denying re 1182 BRIEF: Defendants' Motion in Limine to Restrict Goldwasser To Testifying Only to Opinions Consistent With His Expert Report by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc.(Paine, Matthew)
October 1, 2007 Filing 1220 DECLARATION re 1219 MOTION to Streamline and Expedite the Live Testimony of Dr. Thomas Strickland of Patricia R. Rich by Amgen Inc.. (Attachments: # 1 Exhibit A)(Rich, Patricia)
October 1, 2007 Filing 1219 MOTION to Streamline and Expedite the Live Testimony of Dr. Thomas Strickland by Amgen Inc..(Rich, Patricia)
October 1, 2007 Judge William G. Young : Electronic ORDER entered. "Denied. The deposition is to be returned to the parties." 1063 Motion to Remove the "Confidential" Designation from the June 21, 2007 Deposition Transcript of Roche's Expert Dr. Thomas Kadesch. (Paine, Matthew)
October 1, 2007 Filing 1218 MOTION to Admit Exhibit BWZa into Evidence by Amgen Inc..(Gottfried, Michael) Additional attachment(s) added on 10/3/2007 (Paine, Matthew). Modified on 10/3/2007 (Paine, Matthew).
October 1, 2007 Filing 1217 MOTION to Admit Exhibits into Evidence by Amgen Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gottfried, Michael)
October 1, 2007 Filing 1216 Opposition/ Response by Amgen Inc. to 1204 Brief Roche's Bench Memorandum Regarding Expected Cumulative Testimony by Amgen's Expert Carlo Brugnara. (Rich, Patricia)
October 1, 2007 Filing 1215 DECLARATION re 1214 Emergency MOTION To Preclude Amgen From Publicly Disclosing Roche's Trade Secrets Without Prior Notice to Roche By Julia Huston by F. Hoffmann-LaRoche LTD. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Huston, Julia)
October 1, 2007 Filing 1214 Emergency MOTION To Preclude Amgen From Publicly Disclosing Roche's Trade Secrets Without Prior Notice to Roche by F. Hoffmann-LaRoche LTD.(Huston, Julia)
October 1, 2007 Filing 1213 Opposition re 1205 MOTION in Limine Defendants' Motion in Limine to Preclude Amgen from presenting Testimony of Attorney Ian Crawford filed by Amgen Inc.. (Gottfried, Michael)
October 1, 2007 Filing 1212 BRIEF by Amgen Inc. Bench Memorandum that the Digital Photograph of Dr. Catlin's IEF Experiment (Trial Exhibit FTF) is Admissable After Dr. Ajit Varki Explains the Relevance of Dr. Catlin's Experiment. (Gottfried, Michael)
October 1, 2007 Filing 1211 BRIEF by Amgen Inc. Bench Memorandum Regarding Showing Jury Photographs Contained in Learned Treatise. (Gottfried, Michael)
October 1, 2007 Filing 1210 MOTION for Leave to Play a Designation for Leroy Hood which was Designated by Roche, Allowed by the Court, and Subsequently Withdrawn by Roche by Amgen Inc..(Rich, Patricia)
October 1, 2007 Filing 1209 MOTION for Clarification Defendants' Motion For Clarification of the Court's Ruling on Roche's Motion to Admit Exhibits Into Evidence by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Fleming, Thomas)
October 1, 2007 Filing 1208 MOTION TO SUPPLEMENT TRIAL EXHIBIT 2011 by Amgen Inc..(Gottfried, Michael)
September 30, 2007 Filing 1207 DECLARATION re 1206 MOTION To Preclude the Testimony of Dr. Thomas Kadesch Based on Roche's Representation That It Would Not Call Dr. Kadesch At Trial, Or, In The Alternative, To Limit His Testimony Regarding Obviousness-Type Double Patenting To the Two Sentences On This Issue Contained in His Expert Report, Declaration Of Aaron R. Hand by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Gottfried, Michael)
September 30, 2007 Filing 1206 MOTION To Preclude the Testimony of Dr. Thomas Kadesch Based on Roche's Representation That It Would Not Call Dr. Kadesch At Trial, Or, In The Alternative, To Limit His Testimony Regarding Obviousness-Type Double Patenting To the Two Sentences On This Issue Contained In His Expert Report by Amgen Inc..(Gottfried, Michael)
September 30, 2007 Filing 1205 MOTION in Limine Defendants' Motion in Limine to Preclude Amgen from presenting Testimony of Attorney Ian Crawford by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
September 30, 2007 Filing 1204 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum Regarding Expected Cumulative Testimony by Amgen's Expert Carlo Brugnara. (Fleming, Thomas)
September 30, 2007 Filing 1203 MOTION in Limine Defendants' Motion In Limine to Preclude Amgen From Presenting Testimony of Gary Rogers by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
September 29, 2007 Filing 1202 MOTION for Judgment as a Matter of Law That The Baron-Goldwasser EPO Studies and Their NIH and FDA Grant Applications Are Not Prior Art by Amgen Inc..(Gottfried, Michael)
September 29, 2007 Filing 1201 BRIEF by Amgen Inc. = OPPOSITION TO ROCHE'S MEMORANDUM REGARDING BARON-GOLDWASSER PRIOR ART: BARON-GOLDWASSER CLINICAL STUDY, BARON GOLDWASSER IND AND GOLDWASSER NIH GRANTS (D.I. 1141-5 Exhibit D). (Gottfried, Michael)
September 28, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : P;s counsel Day and D's counsel Ben-Ami are present.Jury Trial DAY 13 held on 9/28/2007. P's evidence continues (Court Reporter Womack.) (Smith, Bonnie)
September 28, 2007 Judge William G. Young : Electronic ORDER entered re 1198 MOTION to Quash Subpoena ad Testificandum Served on Third Party Dr. Fu-Kuen Lin. "Motion allowed as only expert testimony on patent distinguishability is germain to Monday's hearing." (Paine, Matthew)
September 28, 2007 Judge William G. Young : Electronic ORDER entered denying 1187 MOTION in Limine Defendants' Motion In Limine to Preclude Amgen From Presenting Testimony of Charles Kung. (Paine, Matthew)
September 28, 2007 Judge William G. Young : Electronic ORDER entered. "So Ordered" re 1186 Letter/request (non-motion) from Thomas F. Fleming re: Agreement between the parties as to trial exchange.(Paine, Matthew)
September 28, 2007 Judge William G. Young : Electronic ORDER entered denying 1140 MOTION in Limine To Exclude The Testimony Of Dr. Adrian Katz Obtained By Amgen Through Duress And Subterfuge For Lack Of Competence And Improper Expert Testimony From A Fact Witness. (Paine, Matthew)
September 28, 2007 Judge William G. Young : Electronic ORDER entered denying 1065 MOTION in Limine Roche's Motion in Limine to Preclude Amgen from Arguing That Lin Described Human EPO With The 1-165 Amino Acid Residues of Fig. 6. (Paine, Matthew)
September 28, 2007 Judge William G. Young : Electronic ORDER entered denying 1066 MOTION in Limine Roche's Motion in Limine to Preclude Amgen from Arguing that Examples in the Lin Specification Inherently Produce Human EPO with 165 Amino Acid Residues. (Paine, Matthew)
September 28, 2007 Judge William G. Young : Electronic ORDER entered "Motion allowed, it being evident the testimony of Dr. Spinowitz is no longer necessary." re 1099 MOTION to Quash Subpoena Ad Testificandum Served on Third Party Bruce Spinowitz, M.D. (Paine, Matthew)
September 28, 2007 Judge William G. Young : Electronic ORDER entered "Denied without prejudice to its renewal directed to specific answers that Amgen seeks to introduce." re 1098 MOTION in Limine to Preclude Amgen from Introducing the Deposition Testimony of Dr. Edward Harlow, a Roche Expert Witness, Because It Is Irrelevant and Is Inadmissible Hearsay. (Paine, Matthew)
September 28, 2007 Judge William G. Young : Electronic ORDER entered denying 1118 Motion in Limine to exclude deposition of Dr. Hood (Smith, Bonnie)
September 28, 2007 Judge William G. Young : Electronic ORDER entered. re 1140 MOTION in Limine To Exclude The Testimony Of Dr. Adrian Katz Obtained By Amgen Through Duress And Subterfuge For Lack Of Competence And Improper Expert Testimony From A Fact Witness filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH. Motion is DENIED(Smith, Bonnie)
September 28, 2007 Judge William G. Young : Electronic ORDER entered. re 1175 Brief, filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH.Denied as moot. See transcript.(Smith, Bonnie)
September 28, 2007 Judge William G. Young : Electronic ORDER entered. re 1181 Brief filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD Motion DENIED, although Goldwasser will not be permitted to repeat earlier testimony.(Smith, Bonnie)
September 28, 2007 Filing 1200 DECLARATION re 1198 MOTION to Quash Subpoena ad Testificandum Served on Third Party Dr. Fu-Kuen Lin, 1199 Memorandum in Support of Motion of Geoffrey M. Godfrey by Amgen Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Rich, Patricia)
September 28, 2007 Filing 1199 MEMORANDUM in Support re 1198 MOTION to Quash Subpoena ad Testificandum Served on Third Party Dr. Fu-Kuen Lin filed by Amgen Inc.. (Rich, Patricia)
September 28, 2007 Filing 1198 MOTION to Quash Subpoena ad Testificandum Served on Third Party Dr. Fu-Kuen Lin by Amgen Inc..(Rich, Patricia)
September 28, 2007 Filing 1197 DECLARATION re 1196 MOTION to Authenticate by Declaration in Lieu of the Live Testimony of Charles Kung by Amgen Inc.. (Attachments: # 1 Exhibit A - Declaration of Charles Kung)(Gottfried, Michael)
September 28, 2007 Filing 1196 MOTION to Authenticate by Declaration in Lieu of the Live Testimony of Charles Kung by Amgen Inc..(Gottfried, Michael)
September 28, 2007 Filing 1195 REPLY to Response to Motion re 1098 MOTION in Limine to Preclude Amgen from Introducing the Deposition Testimony of Dr. Edward Harlow, a Roche Expert Witness, Because It Is Irrelevant and Is Inadmissible Hearsay (Leave to File Granted on September 28, 2007) filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Seluga, Kimberly)
September 28, 2007 Judge William G. Young : Electronic ORDER entered. "Allowed. Roche may call Dr. Harlow as a live witness in the obviousness double patenting issue." re 1163 MOTION for Leave to File Reply In Further Support of Defendants' Motion In Limine To Preclude Amgen From Introducing the Deposition Testimony of Dr. Edward Harlow, A Roche Expert Witness On the Issue of Obviousness-Type Double Patenting Who Will Not Be Testifying At Trial; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
September 28, 2007 Filing 1194 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Bench Memorandum Regarding Browne Testifying About Previous Litigations. (Toms, Keith)
September 28, 2007 Filing 1193 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Bench Memorandum: Dr. Browne Should be Precluded from Testifying About the Specific Claims of the Patents-In-Suit. (Toms, Keith)
September 28, 2007 Filing 1192 Opposition/ Response by Amgen Inc. to 1182 Brief to Restrict Dr. Goldwasser to Testifying Only to Opinions Consistent with his Expert Report. (Gottfried, Michael)
September 28, 2007 Filing 1191 Opposition/ Response by Amgen Inc. to 1181 Brief to Preclude Amgen from Soliciting Cumulative Trial Testimony from Dr. Eugene Goldwasser. (Gottfried, Michael)
September 28, 2007 Filing 1190 Opposition re 1187 MOTION in Limine Defendants' Motion In Limine to Preclude Amgen From Presenting Testimony of Charles Kung filed by Amgen Inc.. (Rich, Patricia)
September 28, 2007 Filing 1189 MOTION requesting an instruction ot the jury regarding the fact that Dr. Harlow's statements, as Roche's agent, are admissions by Amgen Inc..(Rich, Patricia)
September 28, 2007 Filing 1188 DECLARATION re 1187 MOTION in Limine Defendants' Motion In Limine to Preclude Amgen From Presenting Testimony of Charles Kung (by Peter Fratangelo) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Fleming, Thomas)
September 28, 2007 Filing 1187 MOTION in Limine Defendants' Motion In Limine to Preclude Amgen From Presenting Testimony of Charles Kung by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Fleming, Thomas)
September 27, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young :P;s counsel Day and D's counsel Ben-Ami are present.Jury Trial Day 12 held on 9/27/2007.P's evidence continues. (Court Reporter Womack.) (Smith, Bonnie)
September 27, 2007 Judge William G. Young : Electronic ORDER entered denying 1189 Motion re: Dr. Harlow's statements... (Smith, Bonnie)
September 27, 2007 Filing 1186 Letter/request (non-motion) from Thomas F. Fleming re: Agreement between the parties as to trial exchanges. (Fleming, Thomas)
September 27, 2007 Judge William G. Young : Electronic ORDER entered re 1174 Motion To Allow Amgen To Use the Deposition Testimony Of Dr. Baron In Its Case-In-Chief On Validity. "Denied. Amgen waived its right to further counter designate when the Court was first obligated to review this deposition. Amgen may, however, call Dr. Baron live." (Paine, Matthew)
September 27, 2007 Judge William G. Young : Electronic ORDER entered denying 1170 Supplemental MOTION for Leave to File Under Seal a Document Containing Defendants' Trade Secrets Submitted in Connection with Amgen's Motion for Leave to Reply in Further Support of Its Motion In Limine No. 13. (Paine, Matthew)
September 27, 2007 Judge William G. Young : Electronic ORDER entered granting 1172 Motion for Protective Order to Limit Roche's deposition of Jeffrey Browne... (Smith, Bonnie)
September 27, 2007 Filing 1184 DECLARATION re 1183 Brief Declaration of Alfred H. Heckel In Support of Defendants' Motion to Preclude Dr. Goldwasser From Relying on Exhibit AYS, Declaration of Thomas Heckler by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A part 1 of 2# 2 Exhibit A part 2 of 2)(Fleming, Thomas)
September 27, 2007 ELECTRONIC NOTICE issued requesting courtesy copy for 1164 Declaration, 1165 Declaration,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Paine, Matthew)
September 27, 2007 Filing 1183 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Roche's Motion In Limine To Exclude Dr. Eugene Goldwasser From Testifying Regarding Exhibit AYS, Declaration Of Thomas Heckler. (Fleming, Thomas)
September 27, 2007 Filing 1182 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Defendants' Motion in Limine to Restrict Goldwasser To Testifying Only to Opinions Consistent With His Expert Report. (Fleming, Thomas)
September 27, 2007 Filing 1181 BRIEF by F. Hoffmann-LaRoche LTD, Hoffmann LaRoche Inc. Defendants' Motion in Limine to Preclude Amgen From Soliciting Cumulative Trial Testimony From Dr. Eugene Goldwasser. (Fleming, Thomas)
September 27, 2007 Filing 1180 DECLARATION re 1179 Opposition to Motion of Kevin Flowers in Support of Amgen's Opposition to Roche's Motion in Limine to Exclude the Testimony of Dr. Adrian Katz by Amgen Inc.. (Rich, Patricia)
September 27, 2007 Filing 1179 Opposition re 1140 MOTION in Limine To Exclude The Testimony Of Dr. Adrian Katz Obtained By Amgen Through Duress And Subterfuge For Lack Of Competence And Improper Expert Testimony From A Fact Witness filed by Amgen Inc.. (Rich, Patricia)
September 27, 2007 Filing 1178 DECLARATION re 1177 Opposition to Motion, of Renee Dubord Brown in Support of Amgen's Opposition to Roche's Motion in Limine to Exclude Deposition Testimony of Dr. Leroy Hood by Amgen Inc.. (Attachments: # 1 Exhibit 1, Part 1 of 6# 2 Exhibit 1, Part 2 of 6# 3 Exhibit 1, Part 3 of 6# 4 Exhibit 1, Part 4 of 6# 5 Exhibit 1, Part 5 of 6# 6 Exhibit 1, Part 6 of 6# 7 Exhibit 2, Part 1 of 4# 8 Exhibit 2, Part 2 of 4# 9 Exhibit 2, Part 3 of 4# 10 Exhibit 2, Part 4 of 4# 11 Exhibit 3# 12 Exhibit 4)(Rich, Patricia)
September 27, 2007 Filing 1177 Opposition re 1118 MOTION in Limine to Exclude Deposition Testimony of Dr. Leroy Hood, Whom Amgen Did Not Identify as an Expert or Disclose as a Knowledgeable Witness Under Rule 26(A)(1) MOTION in Limine to Exclude Deposition Testimony of Dr. Leroy Hood, Whom Amgen Did Not Identify as an Expert or Disclose as a Knowledgeable Witness Under Rule 26(A)(1) filed by Amgen Inc.. (Rich, Patricia)
September 27, 2007 Filing 1176 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Defendants' Motion in Limine to Preclude Plaintiff Amgen Inc. From Offering Testimony Concerning Assays From Fact Witness Dr. Lin Because He Lacks Personal Knowledge. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Fleming, Thomas)
September 27, 2007 Filing 1175 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Defendants' Motion in Limine to preclude Plaintiaff Amgen Inc. From Offering Testimony Concerning Epogen From Fact Witness Dr. Lin Who Lacks Personal Knowledge. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Fleming, Thomas)
September 26, 2007 Filing 1185 Receipt to Defendant Roche for documents returned on September 26, 2007. (Paine, Matthew)
September 26, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young :P's counsel Gottfried and D's counsel Fleming are present. Hearing out of the presence of the jury re: appearance of witnesses held on 9/26/2007. After hearing from counsel the Court orders that Brown may testify once his deposition is taken. The deposition is to take place 3 hours today and 4 hours tomorrow or 7 hours tomorrow. The court will review the deposition testimony of Harlow and make rulings on the deposition designations.(Court Reporter Womack.) (Smith, Bonnie)
September 26, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : P's counsel Day and d's counsel ben-Ami are presentJury Trial Day 11 held on 9/26/2007.P's evidence continues. (Court Reporter Womack.) (Smith, Bonnie)
September 26, 2007 Filing 1174 MOTION To Allow Amgen To Use the Deposition Testimony Of Dr. Baron In Its Case-In-Chief On Validity by Amgen Inc..(Rich, Patricia)
September 26, 2007 Filing 1173 DECLARATION re 1172 MOTION for Protective Order TO LIMIT ROCHE'S DEPOSITION OF JEFFREY BROWNE TO FOUR HOURS BECAUSE OF ROCHE'S REFUSAL TO START THE DEPOSITION ON SEPTEMBER 26, 2007 of Daniel A. Curto by Amgen Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Rich, Patricia)
September 26, 2007 Filing 1172 MOTION for Protective Order TO LIMIT ROCHE'S DEPOSITION OF JEFFREY BROWNE TO FOUR HOURS BECAUSE OF ROCHE'S REFUSAL TO START THE DEPOSITION ON SEPTEMBER 26, 2007 by Amgen Inc..(Rich, Patricia)
September 26, 2007 Filing 1171 DECLARATION re 1098 MOTION in Limine to Preclude Amgen from Introducing the Deposition Testimony of Dr. Edward Harlow, a Roche Expert Witness, Because It Is Irrelevant and Is Inadmissible Hearsay Leave to File Granted on September 26, 2007 by Amgen Inc.. (Attachments: # 1 Exhibit 1)(Gottfried, Michael)
September 26, 2007 Filing 1170 Supplemental MOTION for Leave to File Under Seal a Document Containing Defendants' Trade Secrets Submitted in Connection with Amgen's Motion for Leave to Reply in Further Support of Its Motion In Limine No. 13 by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Toms, Keith)
September 26, 2007 Judge William G. Young : Electronic ORDER entered granting 1127 MOTION for Leave to File A Declaration in Support of Its Opposition to Defendant Roche's Motion to Preclude the Deposition Testimony of Dr. Edward Everett Harlow; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
September 26, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1096 MOTION in Limine To Exclude The Fact Testimony and Expert Testimony of Dr. Catlin On the Basis That Athlete Doping Is Irrelevant To Any Issue In This Case. (Paine, Matthew)
September 26, 2007 Filing 1169 MEMORANDUM in Support re 1136 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) (leave to file granted 9/26/07) filed by Amgen Inc.. (Rich, Patricia)
September 26, 2007 Motions terminated: 1067 MOTION Omnibus Motion Defendants' Omnibus Motion to Admit Party Admissions and Previous Findings of Fact into Evidence filed by Hoffmann LaRoche Inc., F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH. (Paine, Matthew)
September 26, 2007 Judge William G. Young : Electronic ORDER entered denied as moot 1113 MOTION in Limine to Preclude Testimony of Proposed Amgen Witness Nancy Spaeth Based on Additional Evidence. (Paine, Matthew)
September 26, 2007 Filing 1168 DECLARATION re 1167 Opposition to Motion Of Deborah E, Fishman in Support of Amgen Inc's Opposition to Roche Motion in Limine to Preclude Amgen from calling Jeffrey Brown at Trial by Amgen Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Gottfried, Michael)
September 26, 2007 Filing 1167 Opposition re 1149 MOTION in Limine To Preclude Amgen From Calling Jeffrey Browne At Trial After Failing To Produce Him For Deposition Pursuant To Subpoena filed by Amgen Inc.. (Gottfried, Michael)
September 26, 2007 Judge William G. Young : Electronic ORDER entered granting 1137 MOTION for Leave to File to File an Oversized Brief in Support of its Motion for Judgment as a Matter of Law Pursuant to Rule 50(a); Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Paine, Matthew)
September 26, 2007 Judge William G. Young : Electronic ORDER entered re 1136 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a). "Allowed in part and denied in part. See transcript." (Paine, Matthew)
September 26, 2007 Judge William G. Young : Electronic ORDER entered denying 1105 MOTION in Limine to Preclude Plaintiff from Arguing to the Jury that Epogen Improves Quality of Life Where the FDA Does Not Support the Inclusion of Such Claims on the Product Label. (Paine, Matthew)
September 26, 2007 Judge William G. Young : Electronic ORDER entered. re 1119 MOTION in Limine to Preclude Opinion Testimony of Amgen's Expert Witness Dr. Friedman Based on Improper Instructions Not to Answer at His Deposition. "Allowed in part and denied in part. See transcript." (Paine, Matthew)
September 26, 2007 Filing 1166 Receipt to Defendant Roche for documents received on September 25, 2007. (Paine, Matthew)
September 26, 2007 Filing 1165 DECLARATION re 1162 Brief of Geoffrey M. Godfrey in Support of Amgen's Bench Memorandum and Offer of Proof Regarding No Obviousness-Type Double Patenting by Amgen Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D-1 OF 2# 5 Exhibit D-2 OF 2# 6 Exhibit E# 7 Exhibit F# 8 Exhibit F# 9 Exhibit H# 10 Exhibit I 1 of 3# 11 Exhibit I 2 of 3# 12 Exhibit I 3 of 3# 13 Exhibit J)(Rich, Patricia)
September 26, 2007 Filing 1164 DECLARATION re 1162 Brief of Harvey F. Lodish, Ph.D. in Support of Bench Memorandum and Offer of Proof Regarding No Obviousness-Type Double Patenting by Amgen Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O)(Rich, Patricia)
September 26, 2007 Filing 1163 MOTION for Leave to File Reply In Further Support of Defendants' Motion In Limine To Preclude Amgen From Introducing the Deposition Testimony of Dr. Edward Harlow, A Roche Expert Witness On the Issue of Obviousness-Type Double Patenting Who Will Not Be Testifying At Trial by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A)(Seluga, Kimberly)
September 26, 2007 Filing 1162 BRIEF by Amgen Inc. Bench Memorandum and Offer of Proof Regarding No Obviousness-Type Double Patenting. (Rich, Patricia)
September 26, 2007 Filing 1161 Opposition re 1061 MOTION for Reconsideration of the Court's Grant of Summary Judgment of Infringement of '422 Claim 1 filed by Amgen Inc.. (Gottfried, Michael)
September 26, 2007 Filing 1160 Response by Amgen Inc. to 1078 Brief in Opposition to Roche's Memorandum of Law on the Admission of of Mr. Sofocleous' Testimony During the Validity Phase. (Gottfried, Michael)
September 26, 2007 Filing 1159 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum No. 5 That Dr. Orkin Should be Precluded Under F.R.E. 802 From Offering Testimony on the Cloning Efforts of Biogen. (Fleming, Thomas)
September 26, 2007 Filing 1158 BRIEF by Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum No. 4 That Dr. Orkin Should be Precluded From Testifying That in 1983 There was Uncertainty That There was a Commercial Market for an EPO Drug Product, Because Such Testimony Would Contradict Binding Admissions in Amgen's Patents. (Fleming, Thomas)
September 26, 2007 Filing 1157 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum No. 3 that Dr. Orkin Should be Precluded from Testifying That There Was No Known Source of Human EPO MRNA in 1983 Because Such Testimony Contradicts Admissions In the Specifications of Amgen's Patents. (Fleming, Thomas)
September 26, 2007 Filing 1156 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum No. 2 that Dr. Orkin Should be Precluded from Testifying to a Claim-By-Claim Analysis of the Patents-In-Suit and/or Offering an Opinion on the Ulitimate Issue of Validity Because These Opinions are not in His Expert Reports. (Fleming, Thomas)
September 26, 2007 Filing 1155 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Roche's Bench Memorandum No. 1 That Dr. Orkin Should be Precluded from Offering Opinions on Topics About Which He Has Expressly Disclaimed Expertise. (Fleming, Thomas)
September 25, 2007 Filing 1154 DECLARATION re 1153 Brief of Daniel A. Curto in Support of SUPPLEMENTAL MEMORANDUM IN SUPPORT OF BENCH MEMORANDA REGARDING: (1) AUTHENTICATION OF JANUARY 16, 1984 LETTER; AND (2) AUTHENTICATION OF JAN. 11, 1984 TELEX by Amgen Inc.. (Attachments: # 1 Exhibit A (Declaration of Ian Crawford, Esq.))(Gottfried, Michael)
September 25, 2007 Filing 1153 BRIEF by Amgen Inc. to 1048 Brief, 1049 Brief Supplemental Memorandum IN SUPPORT OF BENCH MEMORANDA REGARDING: (1) AUTHENTICATION OF JANUARY 16, 1984 LETTER; AND (2) AUTHENTICATION OF JAN. 11, 1984 TELEX. (Gottfried, Michael)
September 25, 2007 Filing 1152 Opposition re 1113 MOTION in Limine to Preclude Testimony of Proposed Amgen Witness Nancy Spaeth Based on Additional Evidence filed by Amgen Inc.. (Rich, Patricia)
September 25, 2007 Filing 1151 DECLARATION re 1149 MOTION in Limine To Preclude Amgen From Calling Jeffrey Browne At Trial After Failing To Produce Him For Deposition Pursuant To Subpoena (Declaration of Manvin Mayell) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Seluga, Kimberly)
September 25, 2007 Filing 1150 MEMORANDUM in Support re 1149 MOTION in Limine To Preclude Amgen From Calling Jeffrey Browne At Trial After Failing To Produce Him For Deposition Pursuant To Subpoena filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Seluga, Kimberly)
September 25, 2007 Filing 1149 MOTION in Limine To Preclude Amgen From Calling Jeffrey Browne At Trial After Failing To Produce Him For Deposition Pursuant To Subpoena by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Seluga, Kimberly)
September 25, 2007 Filing 1148 Supplemental Opposition re 1136 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) Regarding 102(f) Derivation and Obviousness of Claim 7 of the '349 Patent Raised by Amgen During the September 24th Hearing filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
September 25, 2007 Filing 1147 NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. re 1143 Declaration, Notice of Service of Confidential Document (Schaffer, Emily)
September 25, 2007 Filing 1146 Supplemental Opposition re 1136 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) Regarding the Estoppel Effect of the Chugai Litigation Raised by Amgen During the September 24th Hearing filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
September 25, 2007 Filing 1145 Supplemental Opposition re 1136 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) Regarding the Oviousness of Claims 11 and 14 of the '933 Patent as Raised by Amgen During the September 24th Hearing filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
September 25, 2007 Filing 1144 Supplemental Opposition re 1136 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) Regarding Structural Identity Between Amgen's Product Claims and the Prior Art Raised by Amgen During September 24th Hearing filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
September 25, 2007 Filing 1143 DECLARATION re 1140 MOTION in Limine To Exclude The Testimony Of Dr. Adrian Katz Obtained By Amgen Through Duress And Subterfuge For Lack Of Competence And Improper Expert Testimony From A Fact Witness (by Emily J. Schaffer) by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A, Part 1# 2 Exhibit A, Part 2# 3 Exhibit B)(Schaffer, Emily)
September 25, 2007 Filing 1142 Supplemental Opposition re 1136 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) Regarding Obviousness and the Opinions of Roche's Expert Dr. Lowe Raised by Amgen During September 24th Hearing filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Fleming, Thomas)
September 25, 2007 Filing 1141 Opposition re 1136 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) Regarding Roche's Invalidity Defenses filed by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Fleming, Thomas)
September 25, 2007 Filing 1140 MOTION in Limine To Exclude The Testimony Of Dr. Adrian Katz Obtained By Amgen Through Duress And Subterfuge For Lack Of Competence And Improper Expert Testimony From A Fact Witness by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc..(Schaffer, Emily)
September 25, 2007 Electronic Clerk's Notes for proceedings held before Judge William G. Young : P's counsel Day and D's counsel Ben-Ami are present.Jury Trial Day 10 held on 9/25/2007. Defendant Roche rests as to validity. Plaintiff orally moves for judgment as matter of law. The Court rules the motion is allowed in part and denied in part. Plaintiff's evidence commences. (Court Reporter Womack.) (Smith, Bonnie)
September 25, 2007 Filing 1139 BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. BENCH MEMORANDUM THAT DR. RICHARD FLAVELL PROPERLY TESTIFIED REGARDING HIS OPINION THAT CLAIM 7 OF THE 349 PATENT LACKS ENABLEMENT. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Rizzo, Nicole)
September 25, 2007 Filing 1138 Receipt to Plaintiff Amgen, Inc. for documents returned on September 25, 2007. (Paine, Matthew)
September 25, 2007 Filing 1137 MOTION for Leave to File to File an Oversized Brief in Support of its Motion for Judgment as a Matter of Law Pursuant to Rule 50(a) by Amgen Inc.. (Attachments: # 1 Exhibit A (Amgen Inc.'s Memorandum in Support of Its Motion for Judgment as a Matter of Law Pursuant to Rule 50(a))(Rich, Patricia)
September 25, 2007 Filing 1136 MOTION for Judgment as a Matter of Law Pursuant to Rule 50(a) by Amgen Inc..(Rich, Patricia)
September 25, 2007 Remark: Exhibit (A) - Deposition transcript of Nancy Spaeth, added to docket entry 1115 the Declaration of Peter Frantangelo. (Paine, Matthew)
September 25, 2007 Notice of correction to docket made by Court staff. Correction: Docket entry 1106, Declaration in support of motion in limine corrected because: the wrong document was filed and attached to the entry. (Paine, Matthew)
September 25, 2007 Filing 1135 Receipt to Defendant Roche for documents received on September 24, 2007. (Paine, Matthew)
September 25, 2007 Filing 1134 NOTICE by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. OF PARTIAL WITHDRAWAL OF DEFENDANTS' OMNIBUS MOTION TO ADMIT PARTY ADMISSIONS AND PREVIOUS FINDINGS OF FACT INTO EVIDENCE (D.N. 1067) (Rizzo, Nicole)
September 25, 2007 Filing 1133 BRIEF by Amgen Inc. OPPOSITION TO ROCHES MOTION TO ADMIT EXHIBITS INTO EVIDENCE (FILED IN OPEN COURT ON 9/24/07). (Attachments: # 1 Exhibit A# 2 Exhibit B)(Rich, Patricia)
September 25, 2007 Filing 1132 DECLARATION re 1131 Opposition to Motion OF RENEE DUBORD BROWN IN SUPPORT OF AMGENS OPPOSITION TO ROCHES MOTION TO PRECLUDE AMGEN FROM ARGUING TO THE JURY THAT EPOGEN IMPROVES QUALITY OF LIFE by Amgen Inc.. (Attachments: # 1 Exhibit 1)(Rich, Patricia)
September 25, 2007 Filing 1131 Opposition re 1105 MOTION in Limine to Preclude Plaintiff from Arguing to the Jury that Epogen Improves Quality of Life Where the FDA Does Not Support the Inclusion of Such Claims on the Product Label filed by Amgen Inc.. (Rich, Patricia)
September 25, 2007 Filing 1130 RESPONSE to Motion re 1067 MOTION Omnibus Motion Defendants' Omnibus Motion to Admit Party Admissions and Previous Findings of Fact into Evidence AND OBJECTIONS filed by Amgen Inc.. (Rich, Patricia)
September 25, 2007 Filing 1129 Opposition re 1119 MOTION in Limine to Preclude Opinion Testimony of Amgen's Expert Witness Dr. Friedman Based on Improper Instructions Not to Answer at His Deposition filed by Amgen Inc.. (Rich, Patricia)
September 24, 2007 Filing 1128 NOTICE by Amgen Inc. re 1127 MOTION for Leave to File A Declaration in Support of Its Opposition to Defendant Roche's Motion to Preclude the Deposition Testimony of Dr. Edward Everett Harlow OF SERVICE OF CONFIDENTIAL DOCUMENT (Gottfried, Michael)
September 24, 2007 Filing 1127